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YH.Tn "ijN'LSZ 



95th Congress 
2d Session 



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COMMITTEE PRINT NO. 11 



Yy^ 




LEGISLATIVE HISTORY OF THE 
lONAL PARKS AND RECREATION ACT OF 1978 
(PUBLIC LAW 95-625) 



COMPILED BY 



UBCOMMITTEE ON NATIONAL PARKS AND 
INSLT.AR AFFAIRS 

OF THE 

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS 

OF THE 

U.S. HOUSE OF REPRESENTATIVES 
NINETY-FIFTH CONGRESS 

SECOND SESSION 




DECEMBER 1978 



Printed for the use of the Committee on Interior and Insular Affairs 



95th Congress 1 COMMITTEE PRINT NO. 11 

2d Session J 



LEGISLATIVE HISTORY OF THE 

NATIONAL PARKS AND RECREATION ACT OF 1978 

(PUBLIC LAW 95-625) 



COMPILED BY 



SUBCOMMITTEE OX NATIOXAL PARKS AND 
INSULAR AFFAIRS 

OF THE 

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS 

OF THE 

U.S. HOUSE OF REPRESENTATIVES 
NINETY-FIFTH CONGRESS 

SECOND SESSION 




DECEMBER 1978 



Printed for the use of the Committee on Interior and Insular Affairs 



U.S. GOVERNMENT PRINTING OFFICE 
38-854 WASHINGTON : 1978 



OOMMITTEB ON INTERIOR AND INSULAK *^K»i 
House or RcnuasnTATiru 

MORRIB K. UDALL. ArtMM. C»«taM 
PHILLIP BURTON. Oallhmte iOR RKTRITr KtnMi 

ROBERT W. RATENMEIRR. Wliimiil KmmtHt >' -.Cr 

LLOYD MERDR. WMblncUM DON II < ('aillomto 



H« 



^ M. Nw Tort 
;()ii Ohio 

IIAI. "vUmIm 

ANTUNiu buUJA Won I'AT. Oti^ 
RON Di Ll'UO, Vlrdn IflMMte 
BOB rCKIIARDT. Tctat 
GOOOLOB r BYRON. Mvytaatf 

I'A ' ttl—ihlMllll 

JA»i .1 wncon 

BOH hlCBn 

OEUl :: :-LER. CaUlomto 

THEODORE M. (TED) RISENHOOVER. 



I.- i.t Iv i 



N.f'olorxlo 
>tAknlNO. CsUlonite 



Mi< iLM MiH Ai(i)H. (iktehoma 



JAME8 ;. PLORIO. N*wJ«wy 
DAWSON MATHto (UMftm 
PIIILIC l< IrxJlMW 

JOHN KIv mto 

EDWARU J M \UKK.y. 
PKTKR M KOSTMAYRR. PwMftVMte 
1. . t I . , . ., , . . .i .M i);^_ PiMrto Rico 
V. l'MiMjrlT*al» 
L II. WtHVintnte 
BKl-( K r. \ RNTO. MlniiMota 
JRRRY in-C'KABY, UwlrtAiM 
LAMAR orixiKK. North CaroliM 
JAMES J. HOWARU. N*w Jvwy 

Lkb McEltaik, OiMfal aMMri 

Staiiut Bootolb, apid»t Ommml 

Oabt O. ELUVovm. mmtrttg CnuuH 



SiTBOOMMrmz o:t Natioral Parks and IifSULAR ArPAnw 

I'IIILLIP burton. CalllorniA. auimm 



KEITH U. BEBELIUei, K* 

JOE KKUBITZ. KanatB 

DON H. CLAUSEN. C^iloniia 

PHILIP E RUPPE. Mkhlcmn 

Robert E. RAIMAN. Maryland 

ROBERT J. LAUOMARSINO, California 



ROBERT W. KASTENMRIER. Wlwoasin 
ANTONIO BORJA WON PAT. Onam 
RON ni LUGO. Vlrfln Islands 
QOODLOE E. BYRON. Marylaiul 
JAMES J. FLORIO. New jMwy 
DAWSON MATHIS. GMTfia 
JOHN KREBS. Calilomia 
PETER H. KOSTMAYER. PaontylTAiiia 
AUSTIN J. MURPHY. PennsylTanIa 
LAMAR OUDOER. North Carolina 
BALTASAR CORRADA. Puerto Rico 
JONATHAN B. BIN GUAM. New York 
BOB ECKHARDT. Texas 
PAUL E. TSONGAS. Massachusetts 
MORRIS K. UDALL, Ariiona 

Clxtk Pixms. OnnlUwl amd 3i»f Dlndor 
Dale Ckans. CMfntthmtl FeOam 
Nasct Drake, Clrrt 
Clat Pmu, MinorUt CotuvUmnt on Nttional Parkt and ReereaHon 
NOTK.— The flrst listed mloof ity mcniba' is counterpart to the snbcommittee chairman. 

(H) 



LETTERS OF TRANSMITTAL 



NINETY-FIFTH CONGRESS CHARLES CONKLIN 

STAFF DIRECTOR 



ROBERT A. REVELES 



MORRIS K. UDALL. ARIZ.. CHAIRMAN 
FHILLIP BURTON. CA1.IP. JOE SKUBITZ, KANS. 

ROaEITTW. KASTeNMCieR, WIS. DON H. CLAUSEN, CALIP. ASSOCIATE STAFF DIRECTOR 

LLOYD MEEDS WASH. p„,up E. miPi... MICH. COMMITTEE ON INTERIOR AND INSULAR AFFAIRS , „ „^ „ „»,„ 

ABNAHAM KAZEN. JR.. TEX. MANUEL LUJAN, JR.. H. MCX. LEE MC ELVAIN 

TENO RONCALIO. WYO. KEITH G. SEBELIUS. KANS. ||c Umi^P DR RFPRFCSFNTATIVrC GENERAL COUNSEL 

JONATHAN a. BINGHAM. N.Y. DON YOUNG, ALASKA "•*• """"^ O*^ Kt.t-Kt:>t.lM I A I IVfcS. 

JOHN F. SEIBEKLING. OHIO ROBERT E. BAUMAN. MO. WASHINGTON DC 20515 STANLEY SCOVILLE 

HAROIJ> RUNNELS. N. MEX. STEVEN D. SYM MS. IDAHO »» • vr | .>,. •.<Mltf SPECIAL COUNSEL 

AHTONIO BORJA WON PAT, OUAM JAMES P. (jIm) JOHNSON. COLO. 

■ON DE LUGO. V .l. ROBERT J. LAGOMARSINO, CALIF. LOUIS STRIEGEL 

Sd^eTS;;^mo. SSSrrSS.'SSIlr. December 12, 1978 minority counsel 

JIM santini. nev. elocn buoo, arix. 

PAUL E. TSONOAS. MASS. MICKIT KOWARDS, ONL*. 

JAMES WEAVER, OREO. 
BOB CARR. MICH. 
BEOROE MILLER. CALIF. 
THEODORE M. (TCO) RISSMIOOVSR, 

OKLA. 
JAMES J. FLORIO. NJ. 
DAWSON MATHI9. OA. 
PHILIP R. SHARP, IND. 
MATTHEW r. MC HUOH. N.Y. 
JOHN KREBS. CALIF. 
■OWARO J. MARKET, MASS. 
PVTCR N. KOSTMAYER, PA. 
■ALTASAR CORRAOA. P.R. 
AUSTIN J. MURPHY. PA. 
MCX JOE RAHALL II, W. VA. 
BRUCE F. VENTO. MINN. 



LAMAR OUOaiR, NX. 



Members of the Committee on Interior 

and Insular Affairs 
U.S. House of Representatives 
Washington, D.C. 20515 

Dear Colleagues: 

The National Parks and Recreation Act of 1978, Public Law 
95-625, represents the culmination of nearly two years of effort 
on the part of the House Committee on Interior and Insular Affairs. 
The act is important both for the sheer number of new areas and 
expansions of existing areas in the national park system as well 
as for its designation of park wildernesses, national scenic and 
historic trails, and national wild and scenic rivers. The act also 
contains an important new matching grant program for urban recrea- 
tional facilities as well as other items too numerous to mention in 
this letter. 

The compilation of the legislative history of this act which 
is transmitted with this letter, should prove of great benefit to 
Members of our Committee and other interested parties who are concerned 
with the growth of our national conservation and recreation systems. 

Best wishes. 

Sincerely, 



'^WRRIS K. UDALL 



Chairman 
III 




NiNmr-^irTM o o»« o w c — CM*«uca cowkum 

rrATF oimcTOM 

Moanis K. UOA1.I. Anrz^ cmaimmam 

mmu.m Wkmrmt tju.*. mm mamrrt. »iim •©•••t a. ■rvci.cs 

■oaiirT • a^aTiiia^iiia via. iii»i II n iirwii i ii ir AsaocuTV btaff OiacCTOM 

liim. ».ua -M,. ,»», . MM^ »«. COMMITTEE ON INTERIOR AND INSULAR AFFAIRS ^, „^ ,^^^,^ 

U.S. HOUSK or ftCFRCSENTATIVK* <lCNe<i*L couMMl. 

¥WA«MI»aTON, DC. IMIS •T.Nt^r •covHXK 

■•vciAt. couNaB. 
UKiia ■TaiKOCi. 

Decefnber 8, 1978 mmomm c ou n i. 



■as. CALir. 

■DWAJK> J MAiHIT. MA—, 




Honorable Morris K. Udall 

Chairman 

House Interior and Insular Affairs Conwittee 

1324 Longworth House Office Building 

Washington, D.C. 20515 

Dear Mr. Chairman: 

Transmitted with this letter are the significant materials 
relating to the enactment of the National Parks and Recreation Act 
of 1978 which was initiated by the Comlttee on Interior and Insular 
Affairs. This legislation will have far-reaching impact on our 
nation's national park system and related recreational programs. 

Due to its complexity, this compilation of the legislative 
history of this public law should prove beneficial to Members of tha 
Corrriittee for future reference. 



Kindest personal regards, 



Siilerely, 




/WtTt 



PHILLIP BURTON, Chairman 
Subcomnittee on National Parks 
and Insular Affairs 



IV 



CONTENTS 



Page 

Letters of transmittal in, iv 

Chapter I. House Action 

H.R. 9601, as introduced, October 17, 1977 1 

Statement of administration, November 28, 1977 9 

Brief explanatory remarks of the author of H.R. 12536, Hon. Phillip Burton 114 

H.R. 12536, as introduced, May 3, 1978 117 

House Report No. 95-1165 (to accompany H.R. 12536) from the Committee on 

Interior and Insular Affairs, May 15, 1978 274 

House Resolution 1243, providing for the consideration of H.R. 12536 by the House 

of Representatives, June 26, 1978 441,444 

House consideration and passage of H.R. 12536, July 10, 11, and 12, 1978... 459, 494, 535 

Chapter II. Sen.\te Action 

Remarks of sponsor on introduction of S. 2876, by Hon. James Abourezk, April 11, 1978. 550 

S. 2876, as introduced, April 11, 1978 551 

Senate Report No. 95-811 (to accompany S. 2876) from the Committee on Energy 

and Natural Resources, May 12, 1978 566 

Statement of administration, July 21, 1978 608 

Chapter III. Subsequent Congressional Action 

House consideration of S. 491 as passed by the Senate, October 4, 1978 634 

S. 491 as amended by the House, October 4, 1978 635 

House passage of S. 491, with amendments, October 4, 1978 638 

House consideration of S. 791 as passed by the Senate, October 4, 1978 639 

House passage of S. 791, with amendments, October 4, 1978 639 

S. 791 as amended by the House, October 4, 1978 640 

House consideration of H.R. 6900 as amended by the Senate, October 11, 1978 832 

H.R. 6900 as amended by the House, October 11, 1978 832 

House passage of H.R. 6900 as amended by the Senate, with amendments, October 11, 

1978 ■ 858 

Senate consideration of S. 791 as amended by the House, October 12, 1978 859 

Senate passage of S. 791 as amended by the House, with amendments, October 12, 

1978 885 

House consideration of Senate amendments to S. 791, October 13, 1978 886 

House agreement to Senate amendments to S. 791 as amended, October 13, 1978 892 

Chapter IV. Executive Action 

Public Law 95-625, November 10 1978 893 

Statement of President Jimmy Carter on signing S. 791 into law, November 10, 

1978 977 

Chapter V. Miscellaneous 

Summary listing of items in PubHc Law 95-625 978 

(V) 



LEGISLATIVE HISTORY OF THE NATIONAL PARKS AND 
RECREATION ACT OF 1978 (PUBLIC LAW 95-625) 



CHAPTER I. HOUSE ACTION 



IS.SK..O. H. K. 9601 



IN THE HOUSE OF REPRESENTATIVES 

OcTOUER 17, 1977 

Mr. Skubitz (for hiniself, Mr. Udall. and Mr. Seuixius) introduced the fol- 
lowing bill; Avhich was referred to the Committee on Interior and Insular 
Affairs 



A BILL 

To provide for increases in development ceilings in certain units 
of the National Park System, and for other pm'poses. 

1 Be it enacted by the Senate and House of Representa- 

2 tives of the United States of America in Congress assembled, 

3 That the limitations of funds for development within units of 

4 the National Park System contained in the following Acts 

5 are amended as follows : 

6 (1) Agate Fossil Beds National Monument, Ne- 

7 braska: Section 4 of the Act of June 5, 1965 (79 Stat. 

8 123) is amended hy changing "$1,842,000" to "$2,- 

9 012,000"; 

10 (2) Andrrsonvillo National Historic Site, Georgia: 

(1) 



2 

1 Section 4 of the Act of October 16, 1970 (84 Stat. 989) 

2 is amcuded by cliaiiging '*$1,603,000" to "$2,205,000" ; 

3 (3) Biscayne National Moimnicnt, Florida: Section 

4 5 of the Act of October 18, 1968 (82 Stat. 1188) as 

5 aiiKiid.d by Act of (Klober LMI, 1974 (88 Stat. 1445) 

6 is amended further by changing "$1>,900,000" to "16,- 

7 565,000"; 

8 (4) Canaveral National Seashore, Florida: Section 

9 9(b) of Uie Act of January 3, 1975 (88 Stat. 2121, 

10 2125) is amended by changing "$500,000" to "$3,- 

11 525,000"; 

12 (')) Capitol Keef National Park, Ctali: Section 7 

13 of the Act of December 18, 1971 (85 Stat. 739) as 

14 amended by the Act of October 21, 1976 (90 Stat. 

15 2732) is further amended by changing "$1,052,700" 

16 t(. "$1,372,700"; 

17 (G) Carl Sandburg Home National Ilistoric Site, 

18 North CaroHua: Section 3 of the Act of October 17, 

19 1968 (82 Stat. 1154) is amended by changing "$952,- 

20 000" to "$1,662,000"; 

21 (T) Channel Islands National Monument, Cali- 

22 fomia: Section 201 (1) in title II of the Act of Octo- 

23 bcr 26, 1974 (88 Stnt. 1445, 1446) as amended hy 

24 the Act of October 21, 1976 (90 Stat. 2733) is amended 

25 further by changing "85,452,000" to "$6,332,000"; 



s 

1 (8) Grant Kolirs Eanch National Historic Site, 

2 Montana: Section 4 of the iVct of August 25, 1972 

3 (86 Stat. G32) is amended by changing "$1,800,000" 

4 to "$2,075,000"; 

5 (9) Guadahipe Mountains National Park, Texas: 

6 Section 6 of the Act of October 15, 1966 (80 Stat. 920) 

7 is amended by changing "$10,362,000" to "$16,- 

8 772,000"; 

9 (10) Gulf Islands National Seashore, Florida-Mis- 

10 sissippi: Section 11 of the Act of January 8, 1971 (84 

11 Stat. 1967) as amended by Act of April 20, 1972 (86 

12 Stat. 123) and by Act of October 21, 1976 (90 Stat. 

13 2732) is amended further by changing "$17,774,000" 

14 to "$24,224,000", and by deleting the phrase "(June 

15 1970 prices)"; 

16 (11) Hai-per's Ferry National Historical Park, 

17 Maryland- West Virginia: Section 4 of the Act of June 

18 30, 1944 (58 Stat. 645) as amended by Act of Octo- 

19 ber 24, 1974 (88 Stat. 1420) is amended further by 

20 changing "$8,690,000" to "$12,035,000"; 

21 (12) Indiana Dunes National Lakeshore, Indiana: 

22 Section 10 of the Act of November 5, 1966 (80 Stat. 

23 1312) as amended by Act of October 26, 1974 (88 Stat. 

24 1445) and Act of October 18, 1976 (90 Stat. 2529) is 



1 ainendod further by clmiiging "$8,500,000" to "19,- 

2 44(M)00"; 

3 (13) Perry's Victory and liitiniutionul Pi'ucf Mc- 

4 niorial, Ohio: Section 4 of the Act of October 2G, 1972 

5 (86 Stat. 1181) is amended by clmnghig "$5,177,000" 
r> to "$9,327,000"; 

7 (14) Statue of Liberty National Monument, New 

8 York-New Jersey: Section 1 of the. Joint Resohition of 

9 Angnst 17, 1005 (70 Stat. 543) is amended by rhnng- 

10 ing "$6,000,000" to "$18,050,000"; 

11 (15) Ghesapenke and Ohio Canal National Eistori- 

12 cal Park, Maryland-District of Columbia- West Virginia: 

13 Section 8(b) of the Act of January 8, 1971 (84 Stat 

14 1978) is amended by changing "$17,000,000 (1970 

15 prices) "to "$20,000,000"; 

16 (10) Pecos National Monument, New Mexico: Seo- 

17 tion 3 of the Act of June 28, 1965 (79 Stat. 195) is 

18 amended by changing "$500,000" to "$2,375,000"; 

19 (IT) Alibates Flint Quarries and Texas Panhandle 

20 Pueblo Culture National Monument, Texas: Section 3 of 

21 the Act of August 31, 1965 (79 Stat. 587) is amended 

22 by changing "$260,000" to "$2,250,000"; 

23 (18) Andrew John«:on National TTistoric Site, Ten- 

24 nefj<?ee: Section 3 of the Act of December 11, 1003 (77 

25 Stat. 350) a.«? amended by the Act of October 21, 1976 



5 

1 (90 Shit. 2733) is amciuled by changing ''$200,000" 

2 to "$280,000"; 

3 (10) Cape Lookout National Seashore, North Car- 

4 olina: Section 8 of the Act of March 10, 1900 (80 Stat. 

5 33) as amended by Act of October 20, 1974 (88 Stat. 
Q 1445), is amended by changing "$2,935,000" to 

7 "$7,445,000"; 

8 (20) Oowpens National Battleground Site, South 

9 Carolina: Section 402 of the Act of April 11, 1972 (80 

10 Stat. 120) is amended by changing "$3,108,000" to 

11 "$5,108,000"; 

12 (21) De Soto National Memorial, Florida: Sec- 

13 tion 3 of the Act of March 11, 1948 (62 Stat. 78) as 

14 amended by Act of September 8, 1900 (74 Stat. 850) 

15 is amended by changing "$175,000" to "$380,000"; 

16 (22) Fort Union Trading Post National Historic 

17 Site, North Dakota and Montana: Section 4 of the Act 

18 of June 20, 1900 (80 Stat. 211) is amended by 

19 changing "$013,000" to "$4,150,000"; 

20 (23) Ilubbell Trading Post Historic Site, Arizona: 

21 Section 3 of the Act of August 28, 1905 (79 Stat. 584) 

22 is amended by changing "$952,000" to "$977,000"; 

23 (24) John D. Kockefeller, Junior, Memorial Park- 

24 way, Wyoming: Section 4 of the Act of August 25, 



6 

6 
1" ••' •'• 1972 (86 Stat 619) is amended l»y chniigliig "$3,092.- 

2 000" to "$3,837,000"; 
2 ' ' ' (25) Ix>ngfellow Nnfional Historic Site, Massa- 

4 clmsetts: »St»ction 4 of the Act of October 9, 1972 (86 

5 Stat. 791) is amended by changing "$586,000 (May 

6 1971 prices)" to "$681,600"; 

7 (26) SitJca National Monument, Alaska: Section 

8 " 3 of the Act of October 18, 1972 (86 Stat. 904) is 

9 amended by changing "$691,000" to "$1,571,000"; 

10 (27) Thaddeus Kosciuszko II<»me National His- 

11 toric Site, Pennsylvania: Se<-tion 3 of the Act of Octo- 

12 ber 21, 1972 (86 Stat. 1046) is amended by changing 

13 "$592,000" to "$602,000" ; 

14 (28) Tnskegee Institute Nati<»nal Ilistoric Site, 

15 Alabama: Section 104(e) of tJie Act of October 26, 

16 1974 (88 Stat. 1463) is amended by changing "$2,- 

17 722,000" to "$2,862,000" ; 

18 (29) Wilson's Creek Battlefield National Park, 

19 Missouri: Section 3 of the Act of December 16, 1970 

20 (74 Stat. 76) is amended by changing "$2,285,000" 

21 to "$5,640,000"; 

22 (30) William Howard Taft National Historic Site, 

23 Ohio: Sec'tion 3 of tJie Act of December 2, 1969 (83 

24 Stat. 273) is amended by changing "S3 18,000" to 

25 "Sl,888,000"; 



7 

1 (31) For tlip preservation and protection of cer- 

2 tain lands in Prince Georges and Charles Counties, 

3 Maryland: Section 4 of the joint resolution of Octo- 

4 ber 4, 1961 (75 Stat. 780) as amended July 19, 19G6 

5 (80 Stat. 319), October 23, 1972 (86 Stat. 1063) 

6 and October 15, 1974 (88 Stat. 1304), is amended 

7 further by changing "Sec. 4." to "Sec. 4. (a) " and by 

8 adding the following new subsection (b) : 

9 " (b) In addition to such sums as have been appropri- 

10 ated, there is authorized $2,000,000 for planning, site reha- 

11 bilitatlon, and development."; 

12 (32) To commemorate certain historical events in 

13 the State of Kansas: Section 4 of the Act of August 31, 

14 1965 (79 Stat. 588) as amended October 18, 1973 (87 

15 Stat. 456) and October 21, 1976 (90 Stat. 2734) Is 

16 further amended by changing "$2,000,000" to "$2,- 

17 534,100"; 

1^ (33) Whiskey to wn-Shasta-Trinity National Eec- 

19 reation Area, California: Section 10 of the Act of No- 

20 vember 8, 1965 (79 Stat. 1295) is amended by 

21 changing "$22,700,000" to "$24,649,000"; 

22 (34) San Juan Island National Historical Park, 

23 Washington: Section 4 of the Act of September 9, 1966 

24 (80 Stat. 737) is amended by changing "$3,542,000" 

25 to ''$5,574,100"; 



8 

8 

1 1" i:-.: (85) Fort Bowie National Historic Sit<?, Arizona: 

2 Ntf "Section 4 of the Act of August 30, 1^04 (78 Stat. 081) 
^ is. amended by cliunging '*$550,000" to "$1,127,851"; 
;4h': /'■ .'{(SG) Frederick Donglasf Home, District of Coliira- 
() bia: Section 4 of the Act of September 6, 1972 (76 
'6 Stat. 435) as amended November 6, 19<)9 (h3 Stat. 
f ]..... 1^3) is amended by changing "1413,000" to "$1,350,- 
8 000";;, 

-9 (37) Allegheny rortage Hailrojul National Ilis- 

10 . . tone 'Sit« and Johnstown Flood National Memorial, 

11 Pennsylvania: Section 5 of the Act of August 31, 1904 

12 (78 Stat. 752) amended by Act of April 11, 1972 (8G 

13 Stat. 120) is amended by changing "$2,244,000" to 
\^ , "$0,524,000". 

15 (h) The additional sums authorized to We appropriated 

1^ by this Act for development according to the Acts noted in 

1^ (a) above shall be subject to increa.sc or decrease as may be 

^S. justified by reason of ordinary fluctuations in construction 

1^ costs determined by engineering cost indexes applicable to 

2^ the types of construction indicated. 



STATEMENT OF WITNESS FOR THE DEPARTMENT OF THE INTERIOR BEFORE THE 
SUBCOMMITTEE ON NATIONAL PARKS AND INSULAR AFFAIRS, HOUSE COMMITTEE 
ON INTERIOR AND INSULAR AFFAIRS. 



November 28, 1977 

MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE I AM PLEASED TO APPEAR 
BEFORE YOU TO DISCUSS 133 ITEMS WHICH INVOLVE THE NATIONAL PARK SERVICE 
AND THE BUREAU OF OUTDOOR RECREATION. THE ADMINISTRATION CAN TAKE NO 
POSITION ON THE GREAT MAJORITY OF THESE PROPOSALS. WE HAVE NOT HAD 
ENOUGH TIME TO FULLY ANALYZE THE DESIRABILITY OF EACH. WE WILL DEVELOP 
ADMINISTRATION POSITIONS ON THESE PROPOSALS AS SOON AS POSSIBLE. 

THE COST OF ALL OF THE PROPOSALS ON WHICH THE ADMINISTRATION HAS 
NOT YET TAKEN A POSITION IS ROUGHLY $200 MILLION. AS I AM SURE YOU 
ARE AWARE PRESIDENT CARTER IS COMMITTED TO BALANCING THE FEDERAL BUDGET 
BY 1981. TO ACHIEVE A BALANCED BUDGET, ALL FEDERAL PROGRAMS, PARKS 
AND WILD AND SCENIC RIVERS INCLUDED, MUST BE SUBJECTED TO CLOSE SCRUTINY. 
ALTHOUGH WE MAY SUPPORT MANY, WE MAY RECOMMEND AGAINST MANY OF THE 
PROPOSALS WE ARE DISCUSSING TODAY. 

WE HAVE DIVIDED OUR PRESENTATION INTO EIGHT CATEGORIES AS FOLLOWS: 
I - INCREASE IN DEVELOPMENT CEILINGS, II - INCREASE IN LAND ACQUISITION 
CEILINGS, III - BOUNDARY ADJUSTMENTS, IV - NATIONAL PARK SYSTEM 
WILDERNESS DESIGNATIONS, V - ADDITIONS TO THE WILD AND SCENIC RIVERS 
SYSTEM, VI - PROPOSED STUDIES UNDER THE WILD AND SCENIC RIVERS ACT, 
VII - NEW AREAS, AND VIII - MISCELLANEOUS. IN ADDITION TO THE CHARTS 
WE HAVE INCLUDED A SHORT DESCRIPTION OF EACH ITEM. 



lu 

THE VAST MAJORITY OF THE ITEXS UNDER CONSIDERATION IN THIS 
INFORMATIONAL HEARING HAVE NOT RECEIVED ADMINISTRATION CLEARANCE, 
THERtTORE THE ATTACHED CHARTS AND DESCRIPTIONS CONTAIN NO 
RECOMMENDATIONS. 

THE ITEMS UNDER CONSIDERATION RUN THE GAMUT FROM ROUTINE 
BOUNDARY CHANCES AND CEILING INCREASES WHICH ARE LOGICAL COMPONENTS 
OF AN OMNIBUS BILL, TO THE ESTABLISHMENT OF NEW AREAS AND THE 
EXPANSION OF OPERATING AUTHORITIES WHICH SHOULD RECEIVE MORE 
THOROUGH AND DETAILED ATTENTION. SEVERAL OF THE ITEMS ARE SO NEW 
THAT THEY HAVE RECEIVED LITTLE OR NO CONSIDERATION WITHIN THE 
ADMINISTRATION. MORE SPECIFICALLY. I REFER TO THE PROPOSALS LISTED 
UNDER THE NEW AREAS AND MISCELLANEOUS CATEGORIES. I WOULD HOPE THAT 
WE WOULD BE ABLE TO SUPPLEMENT OUR STATEMENTS TO PROVIDE YOU WITH OUR 
THOUGHTS ON THESE PROPOSALS AS THEY ARE MORE FULLY DEVELOPED. 

IN ADDITION, THE WILDERNESS DESIGNATIONS, MANY OF WHICH HAVE 
BEEN BEFORE YOU FOR SEVERAL YEAKS, ARE IN THE PROCESS OF BEING REVIEWED 
AND REVISED IN ACCORDANCE WITH THE PRESIDENT'S EN'VIRONMENTAL MESSAGE. 
AS THESE REVISIONS ARE COMPLETED THEY WILL BE FORWARDED TO YOU. 

FINALLY, MR. CHAIRMAN, I WANT TO REITERATE THAT THE INFORMATION 
WE ARE PROVIDING YOU TODAY SHOULD IN NO WAY BE TAKEN TO IMPLY THAT THE 
ADMINISTRATION SUPPORTS ENACTMENT OF THE PROPOSALS ON WHICH WE HAVE NOT 
YET TAKEN A POSITION. 

2 



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17 



Agate Fossil Beds National Monument. Nebraska 

The increase of $170,000 will provide sufficient increase in the develop- 
ment ceiling to permit construction of a visitor center-administration 
building with related sidewalks and parking area ($1,458,000 in FY 79), 
and planning for a 2,000 square feet Interpretive shelter and access 
trail at the Carnegie Hill-University Hill Fossil site ($24,000 in FY 
81) 

Although Agate Fossil Beds National Monument was established in 1965, 
only minimal development of the area has occurred. Temporary facilities 
(tra-t.lers) have been installed to provide interim visitor and admin- 
istrative service pending permanent development. These structures are 
now approaching the end of their life expectancy. The visitor center- 
administrative building will include fee collection facilities, offices 
for a six-person staff, research facility including library, laboratory 
and museum storage, audio-visual equipment, exhibits and restroom facili- 
ties. Sidewalks and parking area for approximately 50 cars will be 
provided. Perhaps the major fossil resource area is that known as 
Carnegie Hill-University Hill. At the present time there is one small 
exhibit to show the fossils in this area. Construction of an interpretive 
shelter over a rellefed fossil layer case will permit a more complete 
interpretation of the fossils and the area where they are found. The 
money needed will be limited to the planning of this interpretive structure. 

Alibates Flint Quarries and Texas Panhandle Pueblo Cultural National 

Monument, Texas 



The national monument was established by Public Law 89-154, August 31, 
1965. The existing monument consists of 92.56 acres. Formal park 
planning has not been completed. No new land acquisition funding, 
development funding, and change-of-name legislation can be sought until 
the completed park planning process is completed culminating in an 
approved General l-Ianagement Plan. 

$115,000 from the original development ceiling of $260,000 remains 
unused. The proposed amendment would provide for $2,027,000 in FY 80 and 
81 to construct a headquarters/visitor services complex and $33,000 for 
landscaping and signs. $302,000 would be needed in FY 80 and 81 to 
construct roads and trails. 

The need for increased development is predicated on the addition of 
lands to the monument. The proposed visitor services/management support 
facilities complex would be located on lands now proposed for addition 
to the monument. Of the $5,000 authorized for land acquisition $500 
remains for the purchase of lands. A "land acquisition ceiling and 
development ceiling will be required at such time as the General Development 
Plan has been approved and it is determined that the boundary should be 
enlarged. This proposal is under review within the National Park Service 
at this time. 

For this reason we recommend that this amendment be deleted from the 
bill. 



18 

Allegheny Portage Railroad National Historic Site and Johnstown 
Flood National Memorial, Pennsylvania 

An increase of $4,280,000 will allow for stabilization, construction and 
development to occur at Allegheny Portage Railroad and Johnstown Flood 
National Memorial. Specifically needed are the a restoration of Lemon 
House for use as a visitor center, the stabilization of park historical 
structures, the construction of maintenance facilities, the development 
of an auto tour route and the planning for the preservation of Engine 
House No, 6. 

• Lemon House is the largest and most prominent building at the site and 
would most appropriately be used as a visitor center. Rehabilitation of 
Lemon House would include restoring the interior circa 183A-1857, installing 
employee quarters, a visitor center area and restroom facility, conference 
room, maintenance area, trails, and a 50-car parking lot. Trails connecting 
the parking lot to Lemon House which will help remove the present intrusions 
on the historic scene. This project will halt deterioration of the 
resources and provide the visitor with an accurate feeling for the 
important significance of the railroad. 

The majority of the former 36 miles of right-of-way of the Allegheny 
Portage Railroad is within visual distance of existing highways. To 
fully understand the first crossing of the Allegheny Mountains by rail, 
the visitor should have an opportunity to follow the route of the 
railroad. Plans are to develop a self-guiding tour booklet/ tape with 
wayside exhibits, markers and tour logo to follow the route and allow 
full visitor appreciation. 

Engine House No. 6 at the historic scene of Summit Level will receive a 
protr^ctive shelter constructed over the existing foundation which was 
excavated in 1970. This will protect archeological remains and allow 
for the presentation of a railroad museum. Without these actions, the 
basis for interpretation of the General Management Plan will be lacking. 

Additionally, the portion of the existing legislative celling attributable 
to land acquisition is nearly exhausted. The acquisition program for 
both parks is nearly complete. However, we propose to expand the Allegheny 
Portage Railroad National Historic Site by about 541 acres in order to 
unify and connect the various fragmented units of the park. We plan to 
expand the Johnstown Flood National Memorial by about 66.5 acres to 
acquire historic lands and complete the Interpretive story. The cost of 
the proposed additions is estimated to be approximately $2,150,000. 
Accordingly, we recommend that the bill be amended to authorize these 
additional acquisitions and that the ceiling for land acquisition and 
development be amended to include this amount. Thus, the new ceiling 
would be $8,652,000. A mpa depicting the new boundaries will be available 
in the offices of the National Park Service in Washington, D.C. The 
public will be notified of the availability of the map through the 
Federal Register. ^ 

It should be understood that current National Park Service planning 
efforts anticipate the ultimate development of these parks to cost 
approximately $14,653,000, including the present ceiling limitation. 
Thus, the total cost of the parks, including the additional lands, would 
be about $16,803,000. However, firm estimates are only considered 
reliable during a 5-year period, which constitutes the present National 
Park Service planning effort. 



19 

Andersonvllle National Historic Site, Georgia 

The Increase of $600,000 will permit construction of an information 
center with related utilities, roads and parking, improvement of a State 
highway and relocation of utilities, reconstruction of a representative 
portion of the prison stockade wall, and provide for planning of the 
park tour road. 

These items are all included in the original development schedule for 
the park at the time of its authorization and are essential for the 
proper protection of historic resources of the famous Andersonvllle 
Civil War prison and its interpretation for enjoyment and understanding 
by the public. However, in establishing a development ceiling of $1,605,000, 
the Act of October 16, 1970, also authorized that this ceiling could 
be altered "plus or minus such amounts, if any, as may be justified by 
reason of ordinary fluctuations in construction costs as indicated by 
engineering cost indices applicable to the types of construction involved 
herein." Costs of construction have increased since 1970, and all the 
items listed above were a part of the original plan for the park. We 
believe the cost escalation clause is sufficient to allow for such 
increased construction costs. Accordingly, we recommend that this item 
for Andersonvllle National Historic Site be deleted from the bill. 

However, we recommend that the bill be amended to authorize the Secretary 
to enter into an agreement with the State of Georgia permitting the 
expenditure of appropriated funds on State lands for the purpose of 
modifying State highway No. 49 which runs through the national historic 
site. 

This will permit the construction on Stateowned lands of the items 
identified in the original development schedule as improvement of the 
State highway and relocation of utilities. The improvements consist of 
lowering the grades, providing median strips, and acceleration and 
deceleration lanes to improve sight distances for the safety of visitor 
traffic approaching the entrance to the site. Relocation of utilities 
consists of placing underground those electric and telephone lines now 
above ground along the highway and which may be located on the road 
right-of-way, so as to coincide with the road improvements for a scenic 
way through the park. 



Andrew Johnson National Historic Site, Tennessee 

The increase of $20,000 is for completion of the restoration of the 
1831 Johnson House in FY 1979. 

This item is included in the original development schedule for the 1831 
House. However, the development ceiling for this project was only recently 
established by the Act of October 21, 1976. We do not believe the cost 
of rehabilitating the House is justified by an increase of $20,000 in 
only 1 year. Accordingly, we recommend that this item for Andrew Johnson 
National Historic Site be deleted from the bill. 



20 
Biscayne National Monument, Florida 

The Increase of $3,665,000 will permit construction at Convoy Point of 
the mainland visitor orientation facility, administrative offices, 
appurtenant comfort stations and tour boat ticket office, marina, ware- 
house and maintenance facilities, two employee residences, and related 
utilities, access roads, parking and fencing. ($286,000 in FY 80; 
$2,941,000 in FY 81). Planning would get underway for a visitor contact 
station and maintenance facility on Elliott Key ($26,000 in FY 81). The 
'utility system and dock at Adams Key would be replaced ($143,000 in FY 
80; $1,248,000 in FY 81). 

Convoy Point is the 60-acre site situated on the mainland surrounded by 
Homestead Bayfront County Park, and is the area authorized in the 1968 
legislation for the monument headquarters site. Presently the adminis- 
trative and visitor use facilities consist of a small 4-room building, 
3 trailer houses and a small metal building. Park patrol and maintenance 
boats must use the county's limited public docking facilities. Con- 
struction of the new facilities will enable better visitor orientation 
to the national monument, permit more economical and efficient adminis- 
tration, provide for proper storage space, particularly for vehicles and 
equipment now subject to the corrosive effects from exposure to salt 
air, make available proper work shops for indoor repair on equipment, 
provide adequate boat docking facilities, and provide proper housing for 
employees remaining continually available for protection of park re- 
sources and visitors. 

Planning for proposed facilities at Elliott Key is essential, as Elliott 
Key f:S the central offshore recreation site in the monument as recog- 
nized in the original development schedule in 1968. Makeshift facilities 
Inherited from the County are now used to serve visitor and administrative 
needs . 

Both the U.S. Public Health Service and Dade County health officials 
have classified the present septic tank waste disposal system at Adams 
Key as sub-standard, with a strong recommendation that the system be 
replaced as soon as possible. The formerly privately owned dock is 
badly deteriorated. Development of Adams Key was recognized in the 
Department's recommendation on the 1968 legislation. A septic tank 
system was contemplated at that time. However, to comply with health 
officials' recommendations, the proposal now would contain a self- 
contained sewerage disposal system, including a holding tank, sand 
filter or chlorinator, and improved water supply system. The dock would 
be replaced. This change and the effects of inflation are expected to 
increase the cost of these developments by about $3,665,000. 



21 



Canaveral National Seashore. Florida 

The proposal would Increase the development celling from $500,000 to a 
new ceiling of $3,525,000. The Act of January 3, 1975, authorized 
$500,000 to provide for essential public facilities pending completion 
of a master plan for the park. That plan was to be transmitted to the 
Congress by January 3, 1978, indicating "(1) the facilities needed to 
accommodate the health, safety, and recreation needs of the visiting 
public; (2) the location and estimated cost of all facilities; and (3) 
the projected need for any additional facilities within the seashore." 
The plan has not yet been transmitted to the Congress. 

Therefore, we recommend that this item for Canaveral National Seashore 
be deleted from the bill. We believe the authorizing legislation clearly 
intends that the Congress scrutinize development needs and costs before 
additional funds are appropriated for this project. 



Cape Lookout National Seashore, North Carolina 

The proposal would increase the development ceiling from $2,935,000 to a 
new ceiling of $7,445,000. The Act of October 26, 1974, authorized 
$2,935,000 to provide for essential public facilities pending completion 
of a master plan for the park. That plan was to be transmitted to the 
Congress by January 1, 1978, indicating "(1) the facilities needed to 
accommodate the health, safety and recreation needs of the visiting 
public; (2) the location and estimated cost of all facilities; and (3) 
the projected need for any additional facilities within the seashore." 
The plan has not yet been transmitted to the Congress. 

Therefore, we recommend that this item for Cape Lookout National Seashore 
be deleted from the bill. We believe the authorizing legislation clearly 
intends that the Congress scrutinize development needs and costs before 
additional funds are appropriated for this project. 



22 
Capitol Reef National Park, Utah 

The increase of $320,000 will provide sufficient ceiling to construct a 
new sewage system ($319,000 in FY 79), extend existing utility building 
to provide additional storage and shop area ($27,000 in FY 80; $28,000 
in FY 81), expand existing campground to provide 230 sites with adequate 
sanitary facilities ($63,000 in FY 80; $546,000 in FY 81), and prepare 
development concept plans for the South and North District Ranger Stations 
($20,000 each in FY 81). 

The developed area surrounding the park headquarters presently disposes 
of sewage into 7 individual septic tanks with related drainfields. This 
system is inadequate to meet the growing pressure of additional personnel 
and increasing visitation. The drainfield became completely saturated 
in 1976. Some visitor use facilities will have to be closed if the 
situation is to be temporarily controlled,* otherv/ise pollution of the 
Fremont River will result. Construction of a new sewage system is 
considered essential. This and other problems at Capitol Reef stem from 
its original establishment as a national monument with expected visitation 
of less than 100,000 per year. Redesignation of Capitol Reef as a 
national park has drawn more visitors and pressures than expected. The 
utility building is similarly scaled to meet the needs of a national 
monument, and not a park. No facilities exist, for example, to service 
vehicles and a carpentry shop is insufficient to handle the increased 
work load due to a five-fold expansion in park size. The present 53- 
site campground was al s o intended to service a national monument. More 
than half of all potential campers must be turned away. An increased 
development ceiling will facilitate the expansion of the campground by 
230 sites with water, sewage, and power connection extended to the 
comfort stations. This work will, of course, occur following ^he construction 
of the sewage system planned for funding in FY 79. Development at 
Capitol Reef has thus far been confined to the headquarters area. The 
designation of Capitol Reef as a national park significantly expanded 
the park to include the North and South Districts, each about 100,000 
acres in size. Visitor pressures into both areas threaten the resources 
and public safety. Development Concept Plans for both districts are 
needed for realistic and orderly development. 



23 



Carl Sandburg Home National Historic Site, North Carolina 

The increase of $710,000 will provide for construction of a visitor 
orientation facility with related comfort stations, parking, access 
road, and utilities ($696\000 in FY 79). It will provide for planning 
and installing interpretive devices in the Sandburg Home ($30,000 in FY 
80; $176,000 in FY 81). Restoration of two historic lakes will also be 
possible with this legislation ($489,000 in FY 80). 

Nearly all this development was contemplated at the time of the authorizing 
legislation of October 17, 1968. The development will provide adequate 
orientation to the visitors at a point away from the historic core of 
the site, thus relieving present congestion from the Home. It will 
provide a terminus for the shuttle bus transporting visitors to and from 
the Home, remove the present necessity for the bus to operate off Federal 
property, and permit the park to be open daily during the busy summer 
season. The historic lakes used and enjoyed by the Sandburgs were 
recognized during the planning for the authorizing legislation, but 
problems concerning them were not antrcipated at that time. Subsequently, 
the lakes have silted up, the shorelines changed, vegetative growth has 
gone rampant, and the dams are evidencing damage caused by leaks, pressure 
from silting, and general deterioration from age. It is proposed to 
stabilize the dams and rehabilitate the lakes to help restore the total 
historic scene. 



Channel Islands National Monument, California 

The proposal would Increase the development ceiling by $880,000. The 
development ceiling applies only to construction of the mainland visitor 
center and headquarters site. Appropriations for the project have 
totalled $1,236,000 through FY 78, with $4,216,000 remaining. Completion 
of this project is programmed in FY 79, utilizing the remaining appropriation. 

Accordingly, we recommend this item for Channel Islands National Monument 
be deleted from the bill as unnecessary. 



24 

Chesapeake and Ohio National Historical Park, Virginia, West Virginia . 
and D.C . 

The proposed amendment would increase the current land acquisition 
celling of $20,400,000 by $7,000,000 for a new land acquisition ceiling 
of $27,400,000. The Chesapeake and Ohio Canal National Monument was 
established by Proclamation No. 3391 dated January 18, 1961. Later by the 
Act of January 8, 1971 (84 Stat. 1978), the monument was changed to a 
national historical park. Also, by that Act an appropriation ceiling of 
not more than $20,400,000 was established. That ceiling has now been 
reached. At this date 20,239 acres have been acquired yet there are 
1,566.12 acres remaining to be acquired with the requested increase. 

Included in the requested increase is $157,760 for deficiency awards on 
tracts already filed in condemnation. In addition, a substantial part 
of the $500,000 relocation benefits cost item is to pay for the relocation 
of 175 owners who have long-term reserved use rights and life estates 
plus relocation costs payable to owners of 160 tracts in condemnation. 

The present cost estimate includes funds to acquire tracts which were 
previously deferred from acquisition and for tracts which were originally 
scheduled for easement acquisition but now to be acquired in fee. 

Cost of land has greatly escalated in the project area since the appropriation 
celling was established in 1971. The project is in close proximity to 
the Metropolitan Area of Washington, D.C. and, thus greatly influenced 
by pressures of the real estate market demand which has led to price 
increases in land at a rate of 10 percent more per year. 



Cowpens National Battlefield, South Carolina 

The increase of $2,000,000 will permit construction of a park visitor 
center, maintenance facility, picnic area and related facilities, environmental 
study area shelter and trails, and provide the remainder of the tour 
road, overlooks and interpretive exhibits ($2,709,000 in FY 79). 

This authorization will permit completion of development envisioned by 
the master plan. The park now has no visitor use facilities available 
to increasing numbers of visitors. The State has relocated 5 miles of 
public roads for site development and the National Park Service has 
begun initial site development and ground restoration. 



25 



De Soto National Memorial, Florida 

An Increase of $205,000 will provide for construction of groins and 
pilings, and beach nourishment to control erosion of the memorial's 
shoreline along Tampa Bay ($202,000 in FY 79). Additionally, a main- 
tenance workshop and equipment building is to be constructed ($117,000 
In FY 80). 

The development celling for the park has been reached. If erosion of 

the beach and shoreline is not controlled, the visitor center/administration 

building and nature trails will be destroyed, and historic structures 

could eventually be affected. The mean high tide line was only 81 feet 

from the visitor center in October, 1976. Every storm now causes trail 

damage. A Corps of Engineers study has shown that an undertaking of 

this magnitude is necessary to effectively control the erosion. 

The present maintenance shop and storage buildings are from 4 to 17 
years old, and are constructed of pressed wood and plywood panels with 
shingle roofs. They are all in very poor condition due to rot, mildew 
and termite damage, and offer little protection from the elements for 
park supplies, materials and equipment. Security for these materials is 
only a facade, since most of the wood panels are from 30 to 60 percent 
rotten. The maintenance workload has Increased over the years with 
increasing visitation. If this project is not completed, overall maintenance 
costs will continue to rise due to the shorter shelf life of supplies 
and their exposure to the elements. Additionally, the present buildings 
will have to be continually repaired. 

The development ceiling Increase proposed in the bill will be insufficient 
to provide for both the erosion control and the maintenance building. 
Accordingly, we recommend that the bill be amended to provide for an 
increase of $319,000. Thus, the present ceiling of $175,000 would be 
changed to a new celling of $594,000. 



Fort Bowie National Historic Site, Arizona 

The Act of August 30, 1954, established an appropriations ceiling of 
$550,000 for the purposes of the legislation. The 1977 FY Supplemental 
Appropriation Act (the Bicentennial Land Heritage Program) provided for 
an appropriations ceiling of $1,052,851, land acquisition costs with 
development. An Increase of $75,000 over this ceiling will provide for 
some stabilization of historic adobe structures at Fort Bowie. 

Some stabilization work and Installation of drainage control structures 
has been undertaken to correct erosion of adobe walls. Recent archeological 
investigations reveal that approximately $115,000 over the present 
ceiling will be necessary to complete this project ($90,000 in FY 80; 
$25,000 in FY 81). Accordingly, we recommend the bill be amended to 
change the celling to a new figure of $1,167,851 to accommodate this 
latest estimate. 



26 

Historical Events in the State of Kansas ( Fort Scott ) 

The increased authorization of $534,100 authorizes the use of funds 
previously appropriated by Congress for the reconstruction of Fort Scott 
under the Land Herritage Law ($428,000), The remainder would cover 
contingencies, of which there may be many, because many of the original 
estimates for reconstruction were too low. 



Fort Union Trading Post National Historic Site, North Dakota and Montana 
(S. 491) 

The bill S. 491 as amended by the Senate would increase the land acqui- 
sition authority and development ceiling for the Fort Union Trading Post 
National Historic Site in the States of Montana and North Dakota. 

Fort Union was the principal fur-trading depot in the Upper Missouri 
River Region from 1829 to 1867. The fort does not exist as a physical 
structure today. Consequently, when the site was established in 1965, 
the Park Service foresaw only the minimal amount of reconstruction, 
comprising a small portion of the original stockade on an acquired site 
of 400 acres, all for a cost of $613,000. 

Public reaction, however, has overwhelmingly insisted that the fort be 
reconstructed in its entirety. Consequently, S. 491 was introduced to 
authorize this project. While the bill contains a proviso which re- 
quires historical documentation satisfactory to the Secretary of the 
Interior before funds for actual reconstruction can be expended, the 
bill also authorized the funds for such reconstruction. We beleive such 
authorization should be sought only if and when sufficient historical 
documentation has been developed. At that point, we would be able to 
appropriately estimate the cost of such an undertaking. 

Accordingly, we recommend that your committee authorize a development 
ceiling of $4,416,000 to allow us to proceed with the historical docu- 
mentation along with development of other needed visitor and adminis- 
trative facilities, interpretive facilities, roads and trails. 

We als© ask that the proposed land acquisition ceiling be reduced from 
A50 acres to 440 acres, a net increase in area of 40 acres. These 40 
acres will be sufficient, in our judgment, to protect the visual inte- 
grity of the south bank of the Missouri. The $73,000 authorized by S. 
491 for land acquisition will adequately cover this purchase. 



27 

Fort Union Trading Post National Historic Site, North Dakota 

The increase of $500,000 will permit advanced planning ($62,000 in FY 

80) and the development of drawings and specifications ($A32,000 in FY 

81) for the reconstruction of the fort ot the extent possible on the 
basis of archeological and historical research. 

Although the site was authorized in 1966, there are no pentianent facili- 
ties at Fort Union. Reconstruction of the fort is essential to public 
understanding and appreciation of the significant role played by Fort 
Union in the development of the fur trade in the upper reaches of the 
Missouri River. There is little information on the actual structure of 
Fort Union. Exhaustive research, historically as well as archeologically , 
will be required for this project. A detailed scale model will be 
constructed to determine the adequacy of architectural information and 
the level of reconstruction. 



Frederick Douglass Home, D. C . 

The proposed amendment, which reflects a $318,000 increase over the Land 
Heritage Ceiling of $1,032,000, would provide the necessary additional 
funding to complete the visitor center and its surroundings. 

Justification : - In order to complete the appurtenant walks, landscaping, 
and other site development, which is integral to the interpretation of 
the life of Frederick Douglass because of his love of nature, it is 
necessary to increase the development ceiling by $318,000, which results 
in a new ceiling of $1,350,000. 



38-854 O - 79 - 3 



28 



Grant-Kohrs Ranch National Historic Site, Montana 

An increase of $275,000 will permit the stabilization of various ranch 
structures ($131,000 in Fy 79), their subsequent restoration ($695,000 
in FY 80; $655,000 in FY 81), planning ($10,000 in FY 80) and construc- 
tion ($130,000 in FY 80) of a .5 mile water main, and preparation of a 
furnishings plan ($23,000 in FY 80). 

At present 28 structures at the Grant-kohrs Ranch are in need of struc- 
tural reinforcement to prevent further deterioration of the resources 
for which the national historic site was created. Rough weather, wet 
and heaving ground, and visitor use contribute to the structural deter- 
ioration of these buildings. This work needs to be completed prior to 
the restoration and refurnishing of the ranch house and out buildings. 
Similarly, the planning and construction of a drainage system will help 
correct the water damage problem that has necessitated much of the 
structural stabilization project. Historically, the ranch had a drainage 
system which prevented this problem. This has deteriorated, but the 
project calls for its restoration, thereby combining authenticity with 
function. The planned extension of the water main to the water system 
of Deer Lodge is needed immediately to provide domestic water to the 
site as well as fire protection. The Public Health Service has found 
that the well providing water at the Grant-Kohrs Ranch National Historic 
Site "is unsatisfactory and should not be used for potable or culinary 
use." Moreover, although fire protection is provided through agreement 
with the City of Deer Lodge, and an on-site 300 g.p.m. pumper. At times 
trains block city access to the site for as long as two hours, and the 
present water supply provides only five minutes of sustained pumping. 
Without these improvements the safety of visitors as well as the site 
itself are jeopardized. 



Gulf Islands National Seashore, Florida and Mississippi 

The increase of $6,450,000 will permit planning for replacement of 
existing corroded and obsolete water mains and distribution systems in 
Fort Pickens area ($209,000 in FY 81). Fort Pickens and the Pensacola 
Forts (Fort Barrancas and Battery San Antonio), as well as Batteries 
Cooper, 23A, and Worth will be stabilized and rehabilitated. A comfort 
station, contact station, parking, walks and trails will be constructed 
for the Pensacola Forts ($2,521,000 in FY 79; $687,000 in FY 80). At 
Davis Bayou, the principal visitor contact and interpretive center for 
the Mississippi unit, a visitor center, maintenance facility, and related 
docks, roads and utilities will be provided ($4,520,000 in FY 79). A 
visitor center, maintenance area, access roads, parking, trails, utilities, 
signing and fencing will be constructed for the Naval Live Oaks portion 
of the national seashore ($3,141,000 in FY 79). At Ship Island in the 
Mississippi portion, planning will begin for a boat harbor and channel 
protection ($5,000 in FY 80; $75,000 in FY 81). 



29 



The Act of January 8, 1971, authorizing the national seashore, as amended, 
provides that the development ceiling of $17,774 may be altered, "plus 
or minus such amounts, if any, as may be justified by reason of ordinary 
fluctuations in construction costs as indicated by engineering cost 
Indices applicable to the types of construction involved herein." The 
proposed development outlined above for the stabilization and preservation 
of the Pensacola Forts and Fort Pickens, the facilities development of 
the Pensacola Forts, the visitor centers and related facilities and 
construction at Davis Bayou and at Naval Live Oaks, all were included in 
the original development schedule accompanying the 1971 authorizing 
legislation as amended. Costs of construction have increased since the 
last authorization amendment of 1972. We believe the cost escalation 
clause is sufficient to allow for each increased construction costs. 
Accordingly, we recommend that the cost of these particular items for 
Gulf Island National Seashore, be deleted from the bill. 

Since enactment of the legislation, the World War II batteries Cooper, 
234, and Worth have been recognized as historic resources that can be 
properly interpreted and further serve the interests of park visitors. 
They are of concrete and have gun emplacements, but need stabilization 
to halt deterioration of the structures and for protection of the visitor. 
It is anticipated that the three water systems in the Fort Pickens area 
will not have the capability of producing water which will meet the EPA 
National Interim Primary Drinking Water Regulations of June, 1977. 
Therefore, existing corroded and obsolete water mains will be replaced 
with 5 miles of new water lines connecting with the municipal water 
supply administered by the Santa Rosa Island VJater Authority, with new 
distribution lines branching off the main lines. At Ship Island, a dock 
and channel facility was originally a part of the development schedule 
In 1971. However, the dock site has since silted over through natural 
sand transfer processes. Therefore, it is proposed to relocate and 
construct a new facility in the area of the old lighthouse at Ship 
Island. The facility would provide a lagoon-type boat anchorage capable 
of accommodating two tour boats and about 40 small, private boats. 
Boating activity is very extensive, averaging 65-75 boats per day in the 
vicinity during the visitor season, with peak use at about 285 boats per 
day. The facility will provide safe anchorage in storms that often 
arise at an hour's notice, and also provide safe docking for boaters 
utilizing overnight campground facilities. 

Accordingly, we recommend that the development ceiling only be increased 
to cover these last described new items, totalling $944,000. Thus, 
the new development ceiling would be $18,718,000. 



30 



Guadalupe Mountain National Park, Texas 

The increase of $6,410,000 will permit construction of an operational 

headquarters and visitor services complex with related utilities and 

roads and parking. It will include employee housing and related utilities. 

Boundary fence and trails will also be completed. Boundary fence construction 

will require $8,000 in FY 1979 and $721,000 in FY 1980. Construction of 

the trail system will require $1,451,000 in FY 1979, $1,441,000 in FY 

1980 and $727,000 in FY 1981. Construction of three 3-bedroom residences 

with utilities, sewage treatment and road will require $2,125,000 in FY 

1979, $250,000 will be needed for planning of the park operational 

headquarters and visitor services complex in FY 1980 with construction 

in FY 1981 amounting to $2,585,000. 

No permanent development has taken place in the park since its authorization 
in 1966. The visitor services complex and headquarters facilities are 
needed to provide adequate interpretation of the park and to provide the 
necessary services to visitors. Employee housing is required for the 
park located approximately 53 miles from Carlsbad, New Mexico. Protection 
staff quartered at the proposed headquarters site is urgently needed to 
control extensive adverse use of this ecologically fragile area of the 
park. A stockproof wire fence along the park boundary where topographically 
required and economically feasible is need in order to prevent tresspass 
grazing by privately owned cattle, sheep and goats, and to preserve the 
unique natural resources from unauthorized 4-wheel drive vehicle use and 
depredations by treasure hunters. Construction of a well-marked system 
of foot and horse trails in the mountain top area is needed to regulate 
the use of this fragile ecosystem. 



Harpers Ferry National Historical Park, West Virginia 

Under the existing development ceiling of $8,690,000, only $6,195,000 
has been appropriated through FY 1978. The proposed amendment would 
increase the present ceiling by $3,345,000 to make a new ceiling of 
$12,035,000. 

Justification ; With the proposed increase it will be possible to complete 
the following projects: construction of a visitor contact facility and 
related facilities out of Lower Town area as well as providing the 
transportation system terminal; preservation work on existing historic 
ruins on Virginius Island; building facade restoration to the period of 
1859-1865 of 12 buildings; building restoration and adaptive use of the 
Brackett and Morell Houses as part of the park's interpretive program; 
and an historic structures report on other park buildings. 



31 



Visitor contact facility and related facilities - The present small 
Information center in the historic town was designed to serve when 
levels of visitor use were but a fraction of the present level. The 
large parking area, which is also inadequate, and vehicular traffic are 
an intrusion on the historic scene. This area would also serve as a 
transportation system terminal. 

Ruins stabilization - Ruins of a textile mill. Hall's Rifle Works, 
structures pertinent to the use of water power, a section of the old 
Potomac Canal and other historic structures need to be stabilized to 
assure their existence as part of the historic scene even during periods 
of flooding. 

Buildings Restoration - Twelve buildings are slated for facade restoration 
to the period 1859-1865 as partial fulfillment of the legislative mission 
of the park. 

Restoration of Brackett and Morrell Houses - Restoration efforts must be 
completed in order to comply with the park's legislative mandate. Also, 
site development and landscape work is required to complete the total 
restoration effort. 

Historic Structures Report - Other park-related structures must be 
studied prior to restoration/stabilization to comply with the park's 
legislative mandate. 



Hubbell Trading Post National Historic Site, Arizona 

The increase of $25,000 will enable the Park Service to carry out the 
ongoing development of the monument. $237,280 remains available under 
the development ceiling. $93,000 is presently programmed for installation 
of interior fire suppression system in the historic house for FY 79. An 
additional $165,000 is programmed for FY 80 and 81 for preservation of 
furnishings plan. $4,000 is programmed in FY 81 for planning of three 
duplex housing units and one four unit seasonal quarters. 

Many of the furnishings need professional preservation treatment. 
A study is needed to provide data needed for restoration and interpretation 
of farming equipment used on the Hubbell Homestead during the period 
1900-1930. Hubbell Trading Post has no quarters for permanent employees 
other than housetrailers. The nearest rental units are in Gallup, New 
Mexico, 55 miles away. There are no facilities for housing seasonal 
employees. The local pool of qualified seasonals is limited. Seasonal 
housing would allow recruitment of adequate seasonal employees. 

The existing development program of $498,280 would exceed the authorized 
ceiling by $23,720. The increase of $25,000 would complete the project. 



32 

Indiana Dunes National Lakeshore, Indiana 

The increase of $940,000 will permit sufficient increase in the existing 
development ceiling to allow construction of maintenance building, 
entrance kiosk and contact station at West Beach ($852,000 in FY 79); 
planning, designing, and production of exhibits for the Bailly contact 
station ($45,000 in FY 79); planning ($30,000 in FY 79) and production 
(151,000 in FY 80) of interpretive and informational exhibits for information- 
sales areas in bathhouse, contact station and waysides throughout the 
entire West Beach unit; interior restoration of the Main House and 
Chapel of the Bailly Homestead ($60,000 in FY 80; $18,000 in FY 81); 
Development Concept Plan, Interpretive Prospectus, and Environmental 
Assessment for Cowles Bog area ($52,000 in FY 81); Development Concept 
Plan and Environmental Assessment for Pinhook Bog area ($27,000 in FY 
80); and construction of nature trails, visitor contact facilities and 
parking at Pinhook Bog ($15,000 in FY 81). 



John D. Rockefeller, Junior, Memorial Parkway, Wyoming 



Computations used to calculate this development ceiling were incorrect. 
Subsequent examination shows the present development ceiling to be 
sufficient to meet the near-term needs of the parkway. It is recom- 
mended, therefore, that the section be deleted. 



Allegheny Portage Railroad National Historic Site and Johnstown 
Flood "National Memorial, Pennsylvania 

An increase of $4,280,000 will allow for stabilization, construction and 
development to occur at Allegheny Portage Railroad and Johnstown Flood 
National Memorial. Specifically needed are the a restoration of Lemon 
House for use as a visitor center, the stabilization of park historical 
structures, the construction of maintenance facilities, the development 
of an auto tour route and the planning for the preservation of Engine 
House No. 6. 



33 



Lemon House is the largest and most prominent building at the site and 
would most appropriately be used as a visitor center. Rehabilitation of 
Lemon House would Include restoring the Interior circa 1834-1857, installing 
employee quarters, a visitor center area and restroom facility, conference 
room, maintenance area, trails, and a 50-car parking lot. Trails connecting 
the parking lot to Lemon House which will help remove the present intrusions 
on the historic scene. This project will halt deterioration of the 
resources and provide the visitor with an accurate feeling for the 
important significance of the railroad. 

The majority of the former 36 miles of right-of-way of the Allegheny 
Portage Railroad is within visual distance of existing highways. To 
fully understand the first crossing of the Allegheny Mountains by rail, 
the visitor should have an opportunity to follow the route of the 
railroad. Plans are to develop a self-guiding tour booklet/tape with 
wayside exhibits, markers and tour logo to follow the route and allow 
full visitor appreciation. 

Engine House No. 6 at the historic scene of Summit Level will receive a 
protective shelter constructed over the existing foundation which was 
excavated in 1970. This will protect archeologlcal remains and allow 
for the presentation of a railroad museum. Without these actions, the 
basis for interpretation of the General Management Plan will be lacking. 

Additionally, the portion of the existing legislative ceiling attributable 
to land acquisition is nearly exhausted. The acquisition program for 
both parks is nearly complete. However, we propose to expand the Allegheny 
Portage Railroad National Historic Site by about 541 acres in order to 
unify and connect the various fragmented units of the park. We plan to 
expand the Johnstown Flood National Memorial by about 66.5 acres to 
acquire historic lands and complete the interpretive story. The cost of 
the proposed additions is estimated to be approximately $2,150,000. 
Accordingly, we recommend that the bill be amended to authorize these 
additional acquisitions and that the ceiling for land acquisition and 
development be amended to include this amount. Thus, the new ceiling 
would be $8,652,000. A mpa depicting the new boundaries will be available 
in the offices of the National Park Service in Washington, D.C. The 
public will be notified of the availability of the map through the 
Federal Register. 

It should be understood that current National Park Service planning 
efforts anticipate the ultimate development of these parks to cost 
approximately $14,653,000, including the present ceiling limitation. 
Thus, the total cost of the parks, including the additional lands, would 
be about $16,803,000. However, firm estimates are only considered 
reliable during a 5-year period, which constitutes the present National 
Park Service planning effort. 



34 



Longfellow National Historic Site, Massachusett s 

The present development ceiling is $586,600, of which $538,000 has been 
appropriated through FY 1978. The proposed amendment would add $95,000 
to the existing development ceiling to make a new ceiling of $681,600. 
It should be noted that the authorizing legislation contains an escalation 
clause applicable to the construction of facilities; and since the 
proposed construction is not considered "new construction," we recommend 
that the proposed amendment not be enacted since the inflation index 
when compounded would bring the 1971 development ceiling well past what 
is proposed. 

Justification ; The proposed new development 'ceiling will provide for 
the rehabilitation of historic fabric; rehabilitation and, where necessary, 
reproduction of historic furnishings; installation of new heating system; 
construction of a curatorial storage area in the basement; and conversion 
of the woodshed into a visitor service area, including rotating exhibits 
space. 

The Longfellow House Trust, 1913-1973, did not derive sufficient income 
to provide for maintenance of the home and its furnishings. Emergency 
repairs have been made through lump sum and reserve monies, but much 
remains to be done to prevent further deterioration as well as 
stabilization and rehabilitation of historic fabric and furnishings. 
Failure to do so will endanger the perpetuation of the resource. The 
curatorial storage area is necessary since many items, by necessity, are 
not displayed in historic rooms. Also, the conversion of the woodshed 
will give visitors the opportunity to a more intimate view of Longfellow 
and his family and friends. 



Oregon Caves National Monument , Oregon 

The appropriation of $106,500 for the acquisition of lands and interest 
in lands and $600,000 for development will allow for the purchase of up 
to 8 acres of land at Cave Junction, 20 miles from the monument. Funding 
will also allow for the construction of a visitor facility and parking 
lot on the site. 

The need for this facility is great as, because of the topography of the 
monument the present parking area cannot be expanded to meet the demand. 

Visitors are now confronted with traffic jams at the monument. Often 
visitors must park along the highway to wait their turn for the cave 
tours. A visitor facility at Cave Junction will allow the Park Service 
to provide interpretation to the waiting visitor and traffic control 
from this facility to the caves proper. 



35 



Pecos National Monument, New Mexico 



The Increase of $1,743,000 will provide for construction of an operational, 
headquarters and visitor services complex consisting of a visitor orientation 
area with lobby, information area, living history demonstration exhibit 
area and public restrooms. $1,951,000 will be needed in FY 80 for the 
project with an additional $50,000 in FY 81 for wayside exhibits and 
interpretation at the new facility $129,000 remains under existing 
ceiling. 

This project is needed to provide a central operational headquarters and 
visitor services building at the new (12 year old) park. This complex 
will not replace an existing facility. Rather, it provides, for the 
first time, a facility to adequately serve public use requirements. The 
excavation and stabilization of the mission complex is essentially 
completed and new wayside and trail guides are needed to provide visitors 
with an understanding of the mission complex and the Pecos Pueblo culture. 
Proper orientation is not now provided for visitors. 



Perry's Victory and International Peace Memorial, Ohio 

The $4,150,000 increase in the development ceiling, when combined with 
the remaining unappropriated allowance of $224,000 currently authorized, 
will fall $50,000 short of the funds needed to allow rehabilitation of 
the Memorial Column ($2,427,000 in FY 79), planning and construction of 
a visitor center-administration building and maintenance structure 
($124,000 in FY 80; $1,035,000 in FY 81), planning and construction of 
an employee housing complex ($311,000 in FY 80), sewage treatment facility 
($354,000 in FY 80) and planning, construction, and landscaping of the 
approach mall to the Memorial Column ($19,000 in FY 80; $145,000 in FY 
81). It is recommended, therefore, that the amount authorized by this 
section be increased by $50,000 to $9,377,000. 

Located on an island in Lake Erie, Perry's Victory has become the victim 
of weather, water, and time. The general condition of the area was 
recognized in 1972 when a development ceiling was authorized. No new 
projects have been contemplated since that time, but the rise in inflation 
cost and the full extent of damage to the column have only since come to 
be appreciated. A major portion of the original appropriation has 
already been obligated toward the construction of seawalls to protect 
the facility from inundation. Still to be completed however is the 
rehabilitation of the Memorial Column structure itself, as well as the 
construction of various buildings and approach mall to the column. The 
column is in need of much work if the present deterioration of the 
structure is to be reversed. An architectural-engineering report concludes 
the column must be waterproofed, made weathertight , and condensation , 
controlled. Moreover, structural repairs must be completed, finishes 
cleaned and repaired or replaced, and the mechanical, plumbing, and 
electrical systems reconditioned and expanded to meet the level of 
visitor use currently experienced. The visitor center is currently a 
10' X 15' prefabricated metal information station. Because the park was 
expanded in 1972, many of the residents are impatient that the National 
Park Service honor its commitment to make full use of the area provided. 
The structures planned are to be sited on this newly acquired land. 
Housing is extremely limited on the island, and it is necessary that the 
park provide for needs of its own employees. 



36 

Plscataway Park, Maryland 



The proposed amendment would establish a development ceiling of $2,000,000 
for Piscataway Park. We recommend that the amendement be further amended 
to establish the development ceiling at $930,000. The proposed development 
will take place at National Colonial Farm, which is across from Mt. 
Vernon, and is limited so as not to intrude on the historic scene from 
Mt. Vernon. The development is scheduled to be completed by the end of 
FY 1981 and consists of the following projects: 

A. Restore Bryan Point Road to Colonial Period (1750-1980), 
1/4 mile. 

B. Development plans. Resource Managment plans. Interpretive 
prospectuses 

C. Visitor contact/information center 

D. Colonial fencing, split rail, zig-zag type 

E. Development of maintenance area/construction of maintenance 
building. 

F. Irrigation system 

G. Greenhouse/related research center 

H. Three sewer systems (visitor center, maintenance area, 
greenhouse) 

I. Three water systems (visitor center, maintenance area, 
greenhouse) 

San Juan Island National Historic Park, Washington 

Increase the development ceiling from $3,542,000 to $5,574,100. 

The increase of $2,032,100 will allow for the stabilization of buildings 
at American Camp and English Camps. These structures include the Laundress 
quarters, the Officer's quarters and, the English Camp hospital. Further, 
funds would provide for treatment of the well water supply necessary to 
comply with the EPA National Interim Primary Drinking Water Regulations. 

American Camp would be upgraded by the addition of an interpretive and 
administrative building, offices, storage, and interpretive space, 
access road and parking area. A maintenance building to include office, 
restroom, equipment bay along with a carpenter and general repair shop 
and a covered vehicles and materials storage area along with wayside 
exhibits, access parking and comfort stations would also be included. 

A 50 site campground, facilities and road access would be constructed in 
the vicinity of English Camp. The Crook House, an historic structure, 
could be rehabilitated for use as employee's residences. 



37 



Sitka National Historic Park, Alaska 



The increase of $880,000 will allow the visitor center sewage system to 
be extended and connected to the proposed city sewage system. The 
present park sewage system consists of a septic tank with the untreated 
effluent emptying into Sitka Sound. Further, the increase will allow 
for the historic restoration and furnishing of the Russian Mission and 
for a study of the Russian Mission School building. 

The Russian Mission, which was added to the park in 1972, is in a 
deteriorating state. Failure to complete restorations on the structure 
will result in continuing decay and eventual collapse. The restoration 
project consists of stabilizing the building, removing nonhistoric 
partitions and other exterior fabric, razing nonhistorical wings, 
Installation of temporary bracing, excavation of vapor barrier, raising 
the structure and the installation of concrete foundation and footings. 
The first floor will be adopted for use as a visitor services area and 
the second floor will be restored and furnished as the Bishop's suite 
and chapel. 

The Russian Mission School building will be restored to historic appearance 
with the interior designed to house utilities for the Bishop's house and 
for staff office and storage space. 



Statue of Liberty (Ellis Island) , New York and New Jersey 

Under the existing development ceiling of $6,000,000, only $2,666,000 
has been appropriated through FY 1978. The proposed amendment would 
increase the present ceiling by $12,650,000 to make a new development 
ceiling of $18,650,000. 

Justification ; In order to make Ellis Island safe for visitation, the 
following projects must be undertaken: construction of sewage disposal 
system; rehabilitiation of main building (processing center) ; and the 
rehabilitation of the seawall and docking facilities. 

Sewage Disposal System - In the past, sewage disposal was directly into 
the Harbor. To protect life and health of the visitors and to meet 
requirements of the Environmental Protection Agency, a complete sewage 
disposal system must be provided. 

Rehabilitation of Main Building - The Main Building was the immigration 
processing center for many years. Completed in 1900, the building 
received many architectural awards. The building is a Harbor landmark. 
Last occupancy was 1954; and since then, vandals, weather, and lack of 
maintenance has contributed to its present state of disrepair. Rehabilitation 
is necessary for visitor safety before It can be used as an exhibit, 
library, and interpretation center. 

Rehabilitation of Seawall and Walk Facilities - Seawall joints have lost 
mortar and erosion behind the wall is occurring. Cavities are forming 
due to tide and wave action. This settlement and dislocation affects 
walks which extend around the perimeter of the Isla.d. Therefore, for 
visitor safety purposes, the seawall and walks must be rehabilitated. 



38 

Thaddeus Kosciuszko National Memorial Site, Pennsylvania 

The increase of $10,000 will permit completion of the third floor of the 
Thaddeus Kosciuszko Home for use as government quarters. Occupancy 
there will facilitate management of this national memorial by providing 
an onsite manager to plan, protect, program and direct the memorial 
operations. Further, the increase will allow for the installation of 
humidifying equipment which will protect the historic antiques in the 
home from damaging desiccation. 



Tuskegee Institute National Historic Site, Alabama 

An increase of $140,000 will permit rehabilitation of historic buildings, 
including Grey Columns, the Booker T. Washington Home and the Carver 
Museum, relocation of the road through the historic district, parking 
near the Washington, Home and interpretive devices for Grey Columns 
($2,021,000 in FY 79). Interpretive devices will be planned and installed 
for the Washington Home and the Carver Museum ($70,000 in FY 79; $315,000 
in FY 80). Some 22 wayside interpretive exhibits will be provided in 
the historic district ($197,00 in FY 81). 

Tuskegee Institute was authorized in 1974 as an ideal site for inter- 
preting to the American public the history of Negro education and of the 
economic and social advancement of blacks in the post-Civil War period. 
Announcement of establishment of the park is to be published in the 
Federal Register on November 13, 1977. The antebellum mansion "Grey 
Columns" will be the initial visitor contact facility and interpretive 
center. "The Oaks," Booker T. Washington's home, the George Washington 
Carver Museum, and a 50-acre hsitoric district in the center of the 
Tuskegee campus will comprise the remaining interpretive units of the 
park. The development outlined above will provide opportunity to interpret 
Grey Collumns as a setting and counterpoint to the accomplsihments 
represented by the Institute. "The Oaks" is an appropriate site to 
interpret Booker T. Washington's successes and failures and must be 
rehabilitated to the historic- period in order to be successful. Similarly, 
rehabilitation of the Carver Museum will permit full understanding of 
the contributions of George Washington Carver, one of the country's 
leading scientists. Approximately 22 Institute buildings are located 
within the historic district and are in use. Many of these were built 
by student labor. Wayside exhibits will be used for a walking tour. 
Including kiosks, and use of at least one classroom for interpretive 
purposes. Only $225,000 for development has been appropriated through 
FY 78. Inflation is expected to increase the cost of the project by 
about $140,000 before it is completed. 



39 



Whlskeytown-Shasta-Trlnlty National Recreation Area, California 

The Increase of $1,9A9,000 includes $199,000 provided in the Land 
Heritage program, and additionally will provide for improving park water 
systems ($226,000 in FY 79), planning for the Tower House Historic 
District ($35,000 in FY 80), headquarters development ($122,000 in FY 
80; $927,000 in FY 81), and expansion of the Oak Bottom Campground 
($44,000 in FY 80; $395,000 in FY 81). 

Improvements in park utility systems were contemplated in the original 
development schedule of March, 1965. It is anticipated that certain 
water systems in the recreation area do not have the capability of 
producing water which will meet the EPA National Interim Primary Drinking 
Water Regulations of June, 1977. The preferred use of ground water, 
where a suitable source is available, is implied by the regulations, as 
well as the use of chemical purification for all water systems. To 
comply with the regulations, it is proposed to provide drilled wells, 
sealed with casing, installing pumps, a 3000-gallon storage tank, and 
chemical purification and filtration systems. 

A development concept plan will be developed for the Tower House Historic 
District. Development of this District was not included in the original 
development schedule for the national recreation area. However, subsequent 
to the area's authorization, the historic interpretive value of the 
Tower House and its environs was recognized. The Tower House Historic 
District was established July 2, 1973, for preservation and interpretation 
of a western farming and mining community of the 1850' s, including the 
Camden house and related buildings, the irrigation system, orchards and 
pasture, Tower family graves, and the Eldorado (Bickford) Mine and mill 
complex. Delay of development will result in further loss of artifacts 
and accelerating deterioration of structures from vandalism and weather. 

The Headquarters-Administration building was identified in the 1965 
development schedule only for rehabilitation. However, present offices 
are in a corrugated metal building originally used as the field engineers' 
office during the USBR construction of UTiiskeytown Dam, and in a 12' x 
50' trailer adjacent to the main office building. The main building has 
interior walls added, with partition walls dividing the space into 
cubicles to serve as offices. Originally intended to serve the NPS for 
only 2 or 3 years, it's replacement was deferred from year-to-year in 
favor of public use facilities, use for which grew faster and to a 
greater extent than had ever been anticipated. For example, early use 
estimates indicated an expected 250,000 visitors per year in 10 years. 
At the end of 10 years, visitation had surpassed the 1 million mark. In 
1976, visitation reached 1,632,100. 



40 



Present offices are terribly deficient in space and arrangement. The 
building is old, crowded, hard to heat and cool. Meetings with visitors 
and among employees are often interrupted by other activities in the 
building. Some improvements have been made, but the inadequate offices 
continue to affect employee morale and efficiency, and the impression 
left with park visitors. 

It is proposed to provide a new building with space for a visitor lobby, 
information station, receptionist, proper offices for park staff, a 
library, conference and training room, first-aid supply and utility. 
The old building will be demolished, the site resotred," the parking lot 
expanded and landscaping accomplished. 

The Oak Bottom Campground will be expanded to add about 60 sites capable 
of accommodating both recreational vehicles and tent camping, with 
associated campsite access roads, restrooms and utilities. Presently 
the campground consists of only walk- in campsites. Self-contained 
recreational vehicles must use a section of the marina parking lot, 
since the primitive campground fills up and the nearest comparable 
campgrounds are at Shasta and Trinity Lakes, too distant to serve this 
unit of the recreation unit. Failure to expand the campground capacity 
will continue indiscriminate use of roadside for camping and will 
deprive users of the marina of the space required for their activity. 

These updated projects, and new projects, together with the effects of 
inflation, are expected to require an increase of about $1,750,000 in 
the development ceiling in order to complete this construction through 
FY 81. It should be understood that current National Park Service 
planning efforts anticipate the ultimate development of the recreation 
area to cost about $18,600,000. However, firm estimates are only considered 
reliable during a 5-year period, which constitutes the present National 
Park Service programming effort. 



William Howard Taft National Historic Site, Ohio 

The $1,570,000 increase in the development ceiling, when combined with 
the remaining unappropriated allowance of $214,000 currently authorized, 
will provide sufficient funds to permit the rehabilitation of the Taft 
House ($117,000 in FY 79), construction of a visitor contact station and 
external utility system for the Taft House ($1,645,000 in FY 80) and 
staging and parking area for buses ($22,000 in FY 81). 

No real work has been accomplished on the Taft Home since its desig- 
nation as a national historic site in 1969. Because of the structures 
deteriorated condition, the home has not been open to the public view- 
ing. This project will adaptively restore Taft's birthplace to its 
historic appearance. Environmental support equipment (heating, cooling, 
etc.) will be housed in the adjacent visitor contact center so as to not 
adversely affect the home's historic design. Because this site is 
located within a dense urban area of Cincinnati, parking is one of the 
most critical problems. Arrangements have been made with the Government 
of Hamilton County to convert a vacant lot near the Taft Home to a 
staging area for buses. Ownership will pass from the County to the 
Federal Government, but the local community center will be free to use 
the staging area for parking after hours. 



41 
Wilson's Creek National Battlefield. Missouri 



The increase of $3,355,000 will provide sufficient increase in the 
development ceiling to permit construction of a headquarters building- 
visitor center complex, including maintenance structure, employee 
housing, picnic area, and roads $2,990,000 in FY 79). The first phase 
of the tour road and historic site restoration program will entail 
planning ($219,000 in FY 80) and actual construction ($1,920,000 in FY 
81). 

Since its authorization in 1960^ almost no development has been undertaken 
at Wilson's Creek. The visitor center and administrative offices are 
located in a house trailer, as are the comfort stations and a residence 
for a park employee. There is no place to interpret the battlefield or 
give anything more than just basic visitor information. At the present 
time, with totally inadequate facilities, visitation is running approxi- 
mately 40,000 per year. Since its authorization, the battlefield has 
received supervision and administrative support from George Washington 
Carver National Monument, located some 50 miles distant. As of October 
1, 1978, Wilson's Creek will have its o\^ Superintendent and Administrative 
Clerk. The visitor center planned will be located on a site overlooking 
a portion of the battlefield and closest to the greatest flow of traffic. 
As such, it will be the first facility seen by 95 percent of the visitors 
and will thus provide the visitor with his first information about the 
site. The maintenance function is now located in a 30' x 40' steel 
building with no provision for shop space, vehicle storage or containment 
of flammable materials. The existing building is to be converted to a 
shop building with flammable storage space, and a new 2,000 sq. ft. 
building with three vehicle bays is to be constructed. The battlefield 
has been experiencing considerable trouble with vandalism. As the 
nearest town is located 3 miles away, it is imperative that personnel be 
onsite at all times. Construction of the employee residence will allow 
2A-hour protection of the resource. 



42 



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45 

Cape Cod National Seashore, Massachusetts 

The proposed amendment would increase the current land acquisition 
celling of $33,500,000 by $4,500,000 for a new land acquisition celling 
of $38,000,000 to complete the land acquisition program authorized by 
the original legislation, as amended. 

The Cape Cod National Seashore was authorized by Public Law 87-126, 
approved August 7, 1961, and comprises land and land under water in the 
towns of Provincetown, Truro, Wellfleet, Eastham, Orleans, and Chatham. 
The total area within the designated boundary of the seashore is approxi- 
mately 44,600 acres of which 25,424 acres have been acquired in fee and 
378 acres through easement. There are approximately 14,153 acres in 
public ownership other than the United States such as the Commonwealth 
of Massachusetts, county or towns, and 4,645 acres in private ownership. 

Public Law 87-126 authorized the appropriation of $16,000,000 for the 
acquisition of land and improvements thereon. Funds were made available 
for the acquisition of land in early 1962, and the first tract was 
acquired on May 22, 1962, after mapping, appraisal, and other prelimi- 
nary acquisition functions v^ere completed. Slightly in excess of $10,000,000 
was appropriated in Fiscal Years 1962, 1963, and 1964, prior to the Land 
and Water Conservation Fund Act. The remainder of $16,000,000 original 
legislative celling was made available under the Land and Water Conservation 
Fund in Fiscal Years 1965 through 1968. The initial land acquisition 
program ceased in 1968 when authorized and appropriated funds were 
expended. 

An Act of May 14, 1970, (84 Stat. 216) Increased the authorized ceiling 
for the acquisition of real property from $16,000,000 to $33,500,000. 
Limited funds were made available in Fiscal Year 1970 for preliminary 
acquisition functions. The land acquisition office was reopened in 1971 
when the acquisition program was resumed. At the present time, all 
funds authorized have been appropriated except for $563,925 which is 
available for deficiencies in pending complaint actions when required. 
The amount of $2,884,363 has been committed for 256 tracts in pending 
condemnation actions. The amount of $12,118 is unobligated as of 
September 30, 1977. 

An estimated $4,492,000 is required to acquire a total of 162.17 acres 
in 67 tracts. This amount Includes costs for program direction, tech- 
nical services and relocation assistance allowances provided under 
Public Law 91-646. 



46 

The proposed Increase for acquisition is in the following categories : 

— Four dwellings which were constructed since September 1, 1959, in 
violation of current zoning. 

— Two properties which violate Secretarial approved local zoning through 
changes in permitted uses. 

— Acquisition of the balance of acreage on 19 improved tracts over 3 
acres minimum size to reduce the acreage on these tracts to 5. '9 acres. 
This will forestall further subdivision since local zoning requires 3 
acres in area. 

— There are 24 tracts offered for sale within the boundary of the Seashore 
which should acquired. 

— There are 18 unimproved tracts not previously acquired totaling 10.21 
acres within the Seashore included for acquisition. 

No additional funds are being requested at this time for enforcement of 
possible future violations of zoning regulations. It is anticipated 
that funds will be available for this purpose under P.L. 95-42, amending 
the Land and Water Conservation Fund Act of 1965. 

The tracts offered for sale under Category IV above are improved proper- 
ties which cannot be acquired by condemnation action. However, under 
current legislation, we can acquire from a willing seller. The local 
communities have requested public hearings on the acquisition of these 
improved properties on the basis that owenership in the United States 
erodes the local tax base. The 24 tracts represent owners who have 
contacted the National Park Service. With the increase in taxes, it is 
anticipated that this number will increase if funds are made available 
and if we continue the practice of permitting owners to reserve use and 
occupancy. 



47 

Chesapeake and Ohio National Historical Park» Virginia, West Virginia , 
and D.C . 

The proposed amendment would Increase the current land acquisition 
celling of $20,400,000 by $7,000,000 for a new land acquisition ceiling 
of $27,400,000. The Chesapeake and Ohio Canal National Monument was 
established by Proclamation No. 3391 dated January 18, 1961. Later by the 
Act of January 8, 1971 (84 Stat. 1978), the monument was changed to a 
national historical park. Also, by that Act an appropriation ceiling of 
not more than $20,400,000 was established. That ceiling has now been 
reached. At this date 20,239 acres have been acquired yet there are 
1,566.12 acres remaining to be acquired with the requested increase. 

Included in the requested increase is $157,760 for deficiency awards on 
tracts already filed in condemnation. In addition, a substantial part 
of the $500,000 relocation benefits cost item is to pay for the relocation 
of 175 owners who have long-term reserved use rights and life estates 
plus relocation costs payable to owners of 160 tracts in condemnation. 

The present cost estimate includes funds to acquire tracts which were 
previously deferred from acquisition and for tracts which were originally 
scheduled for easement acquisition but now to be acquired in fee. 

Cost of land has greatly escalated in the project area since the appropriation 
ceiling was established in 1971. The project is in close proximity to 
the Metropclitan Area of Washington, D.C. and, thus greatly influenced 
by pressures of the real estate market demand which has led to price 
increases in land at a rate of 10 percent more per year. 



Cumberland Island National Seashore, Georgia 

The authorized ceiling of $10,500,000 for the Cumberland Island National 
Seashore has been reached. In order to complete the acquisition of the 
project an increase in the ceiling to $28,500,000 is necessary. 

This project was authorized by Public Law 92-536 on October 23, 1972, 
with an acquisition ceiling of $10,500,000 and a size limitation of 
40,500 acres. 

At this time there remains approximately 3,753 acres of private land yet 
to be acquired. 

In 1971 a cost estimate was prepared for the then proposed Cumberland 
Island National Seashore in which the subject land was estimated to be 
worth approximately $500 to $1,000 per acre. This compares with a 
current value of from $2,500 to $6,000 per acre for larger tracts and up 
to $18,000 for subdivision lots. 



48 

It would appear that the 1971 estimate was based primarily on the per 
acre prices paid by the National Park Foundation for Cumberland Island 
properties in 1970. Since that date, there has been considerable market 
activity throughout the coastal islands of Georgia and South Carolina. 
This activity has been in response to dramatic growth in the demand for 
resort and vacation home developments as well as overseas oil interests. 
Some sales of island properties have suggested that values have doubled 
in less than a year. There is an abundance of sales to support the new 
higher value for the subject lands. 

Also affecting the cost of the subject lands to some degree, is the 
continuing subdivision and improvement of some by their current owners. 
At the time of the 1971 cost estimate, there were an estimated 30 private 
ownerships on the island. This number has grown to 104 during the 
intervening years. In addition, eight seasonal dwellings were constructed 
since the previous cost estimate was prepared. 

The requested increase of $18,000,000 is needed to complete the acquisition 
of 3,753 acres. We are essentially viewing a dramatic increase of land 
value in the recent past and the prospect of more moderate but steady 
increase in the foreseeable future. 



John Day Fossil Bed National Monument, Oregon 

The increase of the land acquisition ceiling from $400,000 to $3,900,000 
is requested to allow for the acquisition of lands to protect the 
resource and improve the management of the monument. The original 
ceiling of $400,000 had been reached. The new cost estimate of $3,500,000 
has been approved by the Washington Office Lands Division. Also requested 
is the removal of the second proviso in Sec. 101(a)(2) to remove the 
limitation of 1,000 acres of private lands in fee. With the authorization 
of $400,000, 878 acres of land have been acquired. Approximately 3,881 
acres of private lands remain within the authorized boundary. Further 
requested is the revision of the boundajry deleting approximately 760 
acres of Federal land and 860 acres of private lands which were formerly 
considered for easement. The boundary map reference for the new proposal 
is "Boundary Map, John Day Fossil Beds National Monument," numbered NM- 
JDFB-20,014-B and dated May, 1977. There are no proposed development or 
operational changes. A new map is still in preparation by the Pacific 
Northwest Region. The first cut was returned for revisions. These land 
adjustments would change the size of the monument from 14,420.23 acres 
to 14,030.51 acres and allows for lands holding unique paleontological 
resources to be included within the boundary. Lands which are now 
cultivated and not necessary to management of the resource would be 
excluded. 



49 

St. Croix National Scenic Rivervay, Minnesota, Wisconsin 



The existing ceiling for land acquisition at St. Croix National Scenic 
Riverway is $11,768,550, established pursuant to Public Law 93-279 as an 
amendment to Section 16(a) of the Wild and Scenic Rivers Act of 1964 
(Public Law 90-542). The amount authorized has been fully appropriated 
and obligated by actual purchases or by condemnation. Along the 200- 
mile total of the Naraekagon River and the St. Croix River above the dam 
at Taylors Falls, Minnesota, privately owned property yet to be purchased 
includes 89 tracts containing 1,324 acres in fee and 239 tracts containing 
5,306 acres in scenic easement. Funds are unavailable for these acqui- 
sitions because of the extremely rapid escalation of land values within 
the riverway corridor. The National Park Service has estimated that an 
additional $10,000,000 in ceiling is needed to complete acquisition 
(figures valid through calendar year 1978 and include expected land 
value escalation through that period) . 

Legislation to increase the acquisition ceiling by $10,000,000 was 
introduced in the Senate, S. 1234, by Senator Gaylord Nelson of Wisconsin. 
Subsequently, this same increase was proposed in an omnibus Wild and 
Scenic Rivers bill presented by the Department to the Congress. The 
proposed increase, as noted by the Office of Management and Budget in 
its letter of May 27, 1977 to the Department, is consistent with the 
President's program. 

Certain restrictions in the Wild and Scenic Rivers Act of 1964 create a 
hardship on the National Park Service's land acquisition program and are 
being amended. 



50 



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59 



Allegheny Portage Railroad National Historic Site and Johnstown 
Flood National Memorial, Pennsylvania 

An Increase of $4,280,000 will allow for stabilization, construction and 
development to occur at Allegheny Portage Railroad and Johnstown Flood 
National Memorial. Specifically needed are the a restoration of Lemon 
House for use as a visitor center, the stabilization of park historical 
structures, the construction of maintenance facilities, the development 
of an auto tour route and the planning for the preservation of Engine 
House No. 6. 

Lemon House is the largest and most prominent building at the site and 
would most appropriately be used as a visitor center. Rehabilitation of 
Lemon House would include restoring the interior circa 1834-1857, installing 
employee quarters, a visitor center area and restroom facility, conference 
room, maintenance area, trails, and a 50-car parking lot. Trails connecting 
the parking lot to Lemon House which will help remove the present intrusions 
on the historic scene. This project will halt deterioration of the 
resources and provide the visitor with an accurate feeling for the 
important significance of the railroad. 

The majority of the former 36 miles of right-of-way of the Allegheny 
Portage Railroad is within visual distance of existing highways. To 
fully understand the first crossing of the Allegheny Mountains by rail, 
the visitor should have an opportunity to follow the route of the 
railroad. Plans are to develop a self-guiding tour booklet/tape with 
wayside exhibits, markers and tour logo to follow the route and allow 
full visitor appreciation. 

Engine House No. 6 at the historic scene of Summit Level will receive a 
protective shelter constructed over the existing foundation which was 
excavated in 1970. This will protect archeological remains and allow 
for the presentation of a railroad museum. Without these actions, the 
basis for interpretation of the General Management Plan will be lacking. 

Additionally, the portion of the existing legislative ceiling attributable 
to land acquisition is nearly exhausted. The acquisition program for 
both parks is nearly complete. However, we propose to expand the Allegheny 
Portage Railroad National Historic Site by about 541 acres in order to 
unify and connect the various fragmented units of the park. We plan to 
expand the Johnstown Flood National Memorial by about 66.5 acres to 
acquire historic lands and complete the interpretive story. The cost of 
the proposed additions is estimated to be approximately $2,150,000. 
Accordingly, we recommend that the bill be amended to authorize these 
additional acquisitions and that the ceiling for land acquisition and 
development be amended to include this amount. Thus, the new ceiling 
would be $8,652,000. A mpa depicting the new boundaries will be available 
In the offices of the National Park Service in Washington, D.C. The 
public will be notified of the availability of the map through the 
Federal Register. 

It should be understood that current National Park Service planning 
efforts anticipate .the ultimate development of these parks to cost 
approximately $14,653,000, Including the present ceiling limitation. 
Thus, the total cost of the parks, including the additional lands, would 
be about $16,803,000. However, firm estimates are only considered 
reliable during a 5-year period, which constitutes the present National 
Park Service planning effort. 

36-854 O - 79 - 5 



60 



Antletam National Battlefield, Maryland 

H.R. 8953 provides for a new land acquisition ceiling for Antietam 
National Battlefield Site of 3,300 acres, of which not more than 1,440 
acres may be acquired in fee and not more than 1,820 acres may be acquired 
in less-than-fee. Full fee acquisition of 3,300 acres will probably 
exceed $5.9 million; therefore, the proposed fee acquisition will probably 
exceed $3.93 million. No costs are available for the less-than-fee 
acquisition. The legislation also provides a technical amendment in the 
form of a name change; that is, from Antietam National Battlefield Site 
to Antietam National Battlefield. The final major provision of H.R. 
8953 is the establishment of an Antietam National Battlefield Advisory 
Commission. 



Bent's Old Fort National Historic Site, Colorado 

The purpose of this proposal is to increase the acreage of Bent's Old 
Fort National Historic Site near LaJunta, Colorado. 

Since the reconstruction of Bent's Old Fort began over two years ago, 
the site has experienced a 536 percent jump in visitors. Projected 
visitation is now expected to be between 200,000 and 250,000 annually. 
The present facilities at Bent's Old Fort are not adequate to handle 
these pressures. The existing site includes the reconstructed fort, a 
46-car parking lot, maintenance complex and gravel road, all situated on 
178 acres. The entrance to Bent's Old Fort is hazardously contricted by 
the use of a primarily agricultural road known as Colorado State Highway 
194. The adjacent lands served by this road are threatened with commer- 
cial development as the site becomes increasingly popular, thereby 
compromising the fort's integrity as a "wilderness outpost." 

Acquisition of lands immediately south of the fort, lying between the 
Arkansas River and U.S. 50 would effectively arrest these problems. The 
area would serve to provide a much more direct route of access by using 
U.S. 50 as the point of entry. This would relieve the congestion on 
Colorado 194. Moreover, it would offer a location isolated and screened 
from the fort by large cottonwoods for needed visitor support facilities. 
Finally, acquisition would ensure against development of adjacent lands 
and protect the historic scene. 

Fund for the planning and development of an interchange off U.S. 50, 
entrance road, and parking facility have been included in the FY 78 
budget. It is essential, however, that before expending the funds the 
lands upon which the projects will be must first be acquired. Total 
acreage slated for acquisition is 615 acres, which would bring the total 
size of Bent's Old Fort National Historic Site to 793 acres. 



61 



Eisenhower National Historic Site at Gettysburg. Pennsylvania 

An appropriation not to exceed $165,000 is requested to reimburse the 
National Park Foundation for the timely purchase of 194.83 acres for 
addition to the national historic site. The addition to thepark would 
also be authorized by this action. 

This action will make these National Park Foundation funds available for 
other, future projects beneficial to the National Park Service. The 
lands to be added are identified on a map entitled "Proposed Boundary 
Map, Eisenhower National Historic Site, Pennsylvania," numbered 4A6- 
40,006, and dated March, 1977. The map will be available in the office 
of the National Park Service, Washington, D. C. , and at the park. The 
public will be notified by publication in the Federal Register when the 
nap is available. 



Fort Caroline National Memorial, Florida 

It is proposed to add about 9.46 acres to Fort Caroline National Monument. 
The proposed addition is now privately owned and would cost approximately 
$170,000 to acquire. 

The proposal would provide a 200-foot wide trail access approximately 
1,400 feet long between the Spanish Pond sector of the memorial and the 
detached Ribault Monument portion of the memorial. The trail corridor 
would also adjoin an undeveloped tract owned by The Nature Conservancy. 
Other lands adjacent to the Ribault Monument would also be acquired to 
provide parking and entrance facilities, and to afford control over the 
bank of the St. John's River that is now being eroded. 



George Washington Birthplace National Monument, Virginia 

Authority is requested to expand the boundary of George Washington 
Birthplace National Monument by about 1,064.74 acres. This addition 
would include approximately 342.76 acres of State lands, some 82.25 
acres of lands owned by the National Park Foundation, and about 639.73 
acres of other private lands. The State lands would be acquired by 
donation. Of the total 721.98 acres of private ownerships, about 225.85 
acres would be purchased in fee; the remaining 496.13 acres would have 
only scenic easements acquired. The cost of this combination of fee 
areas and scenic easements is estimated at approximately $2,800,000. 
The additions are depicted on a map entitled "Boundary Map, George 
Washington Birthplace National Monument, Virginia", numbered 332-20,000- 
A, and dated May 1975. 

This action will prevent a change in use of the lands clearly visible 

from the main visitor use area of the monument. The area would retain 

the pastoral and restore the historic water activities of the Popes 

Creek Plantation scene that George Washington knew as a boy, thus contributing 

to visitors' understanding and enjoyment of the monument. 

The map mentioned above will be available for inspection in the Offices 
of the National Park Service in Washington, D. C. , and at the monument. 
The public v/ill be notified through publication in the Federal Register 
when the map is available. 



62 



Great Sand Dunes National Monument, Colorado 

It Is reconmended that the boundary be revised by addition of approxi- 
mately 1,100 acres in the northwest corner of the monument containing a 
significant portion of spectacular dunes that were not included within 
the original boundary established by Proclamation No. 1994 on March 17, 
1932. 

The entire 1,100 acre parcel is part of the Luis Maria Baca Spanish land 
grant and is presently owned by the Baca Grande Corporation, a major 
subdivision of approximately 12,000 planned homesites. The development 
is only 8 miles from the monument. The Baca Grande Corporation has 
expressed an interest in negotiating with the National Park Service for 
this property. 

Inclusion of the 1,100 acres into the monument will prevent development 
and 4-wheel drive vehicular use of these dunes. The land has a current 
assessed tax value of $1 per acre and a mill levy of $67 per year in tax 
revenue for Sayuache County. This loss of tax base will be more than 
offset by P.L. 94-565, Payment in Lieu of Taxes. 

The cost for acquiring 1,100 acres is estimated to be $165,750. 



Gulf Islands National Seashore, Florida and Mississippi 

H.R. 9993 would authorize the expansion of the Gulf Islands National 
Seashore in Mississippi by approximately 600 acres. The cost is estimated 
at about $300,000. 

The Trust for Public Land has negotiated an option to purchase Marsh 
Point, a 600-acre undeveloped tract adjacent to the Davis Bayou mainland 
administrative site for the national seashore in Mississippi. The tract 
is the third largest salt marsh in Mississippi and would provide an 
example of salt marsh habitat larger than any now found within the 
national seashore. It is the largest local breeding site for seaside 
sparrows, and would provide for an excellent environmental educational 
area. Additionally, its acquisition would preserve an unobstructed view 
from the visitor center across the open marsh to the Mississippi Sound 
and the Gulf of Mexico. If the legislation is not enacted, the option 
to purchase would not be exercised and the property would be sold to 
other private entities. There is some high ground in the middle of the 
area which would make it susceptible to development. 



63 

Hawaii Volcanoes National Park, Hawaii 

The Secretary presently has authority to expand the park only by accepting 
donations for lands adjacent or contiguous with the park. Authority Is 
sought to expend approximately $537,000 to purchase 268. 4A acres near 
the southeastern Kalapana portion of the park. These lands are directly 
adjacent to the nationally significant Wahaula Heiau (temple) at the 
Kalapana entrance to the park and are susceptible to development. 

The Trust For Public Lands (TPL) has acquired an option to purchase 
these lands for transfer to the park. The National Park Service would 
wish to reimburse TPL for these lands so that their funds might be used 
for similar conservation efforts elsewhere. The option expires June 1, 
1978, but if exercised before then, the purchase price of $537,000 would 
represent a savings of about $25,000 from the value of the property. 



John Day Fossil Bed National Monument, Oregon 

The Increase of the land acquisition ceiling from $400,000 to $3,900,000 
Is requested to allow for the acquisition of lands to protect the 
resource and improve the management of the monument. The original 
ceiling of $400,000 had been reached. The new cost estimate of $3,500,000 
has been approved by the Washington Office Lands Division. Also requested 
Is the removal of the second proviso in Sec. 101(a) (2) to remove the 
limitation of 1,000 acres of private lands in fee. With the authorization 
of $400,000, 878 acres of land .have been acquired. Approximately 3,881 
acres of private lands remain within the authorized boundary. Further 
requested is the revision of the boundary deleting approximately 760 
acres of Federal land and 860 acres of private lands which were formerly 
considered for easement. The boundary map reference for the new proposal 
is "Boundary Map, John Day Fossil Beds National Monument," numbered NM- 
JDFB-20,014-B and dated May, 1977. There are no proposed development or 
operational changes. A new map is still in preparation by the Pacific 
Northwest Region. The first cut was returned for revisions. These land 
adjustments would change the size of the monument from 14,420.23 acres 
to 14,030.51 acres and allows for lands holding unique paleontological 
resources to be included within the boundary. Lands which are now 
cultivated and not necessary to management of the resource would be 
excluded. 



64 

Allegheny Portage Railroad National Historic Site and Johnstown 
Flood National Memorial, Pennsylvania 

An increase of $4,280,000 will allow for stabilization, construction and 
development to occur at Allegheny Portage Railroad and Johnstown Flood 
National Memorial. Specifically needed are the a restoration of Lemon 
House for use as a visitor center, the stabilization of park historical 
structures, the construction of maintenance facilities, the development 
of an auto tour route and the planning for the preservation of Engine 
House No. 6. 

Lemon House is the largest and most prominent building at the site and 
would most appropriately be used as a visitor center. Rehabilitation of 
Lemon House would include restoring the interior circa 1834-1857, installing 
employee quarters, a visitor center area and restroom facility, conference 
room, maintenance area, trails, and a 50-car parking lot. Trails connecting 
the parking lot to Lemon House which will help remove the present intrusions 
on the historic scene. This project will halt deterioration of the 
resources and provide the visitor with an accurate feeling for the 
important significance of the railroad. 

The majority of the former 36 miles of right-of-way of the Allegheny 
Portage Railroad is within visual distance of existing highways. To 
fully understand the first crossing of the Allegheny Mountains by rail, 
the visitor should have an opportunity to follow the route of the 
railroad. Plans are to develop a self-guiding tour booklet/tape with 
wayside exhibits, markers and tour logo to follow the route and allow 
full visitor appreciation. 

Engine House No. 6 at the historic scene of Summit Level will receive a 
protective shelter constructed over the existing foundation which was 
excavated in 1970. This will protect archeologlcal remains and allow 
for the presentation of a railroad museum. Without these actions, the 
basis for interpretation of the General Management Plan will be lacking. 

Additionally, the portion of the existing legislative ceiling attributable 
to land acquisition is nearly exhausted. The acquisition program for 
both parks is nearly complete. However, we propose to expand the Allegheny 
Portage Railroad National Historic Site by about 541 acres in order to 
unify and connect the various fragmented units of the park. We plan to 
expand the Johnstown Flood National Memorial by about 66.5 acres to 
acquire historic lands and complete the interpretive story. The cost of 
the proposed additions is estimated to be approximately $2,150,000. 
Accordingly, we recommend that the bill be amended to authorize these 
additional acquisitions and that the celling for land acquisition and 
development be amended to Include this amount. Thus, the new celling 
would be $8,652,000. A mpa depicting the new boundaries will be available 
In the offices of the National Park Service in Washington, D.C. The 
public will be notified of the availability of the map through the 
Federal Register. 



65 



It should be understood that current National Park Service planning 
efforts anticipate the ultimate development of these parks to cost 
approximately $14,653,000, including the present ceiling limitation. 
Thus, the total cost of the parks, including the additional lands, would 
be about $16,803,000. However, firm estimates are only considered 
reliable during a 5-year period, which constitutes the present National 
Park Service planning effort. 

Montezuma Castle National Monument, Arizona 

Authority is sought to effect an exhange of lands between the National 
Park Service and the Forest Service. An area of A. 3^ acres would be 
transferred from National Park Service jurisdiction to the Forest Service, 
and an area of 12.09 acres would be transferred from management by the 
Forest Service to that of the National Park Service. No costs would be 
involved. 

The exchange would provide better protection and interpretation of an 
area of fossilized prehistoric mammal footprints, and provide for more 
efficient administration of both the Montezuma Castle National Monunent 
and of the Coconino National Forest. The local Forest Service office 
has concurred in this proposal. 



Oregon Caves National Monument, Oregon 

The appropriation of $106,500 for the acquisition of lands and interest 
In lands and $600,000 for development will allow for the purchase of up 
to 8 acres of land at Cave Junction, 20 miles from the monument. Funding 
will also allow for the construction of a visitor facility and parking 
lot on the site. 

The need for this facility is great as, because of the topography of the 
monument the present parking area cannot be expanded to meet the demand. 

Visitors are now confronted with traffic jams at the monument. Often 
visitors must park along the highway to wait their turn for the cave 
tours. A visitor facility at Cave Junction will allow the Park Service 
to provide interpretation to the waiting visitor and traffic control 
from this facility to the caves proper. 



66 

Tumacacori National Monument, Arizona 

The approved master plan calls for the addition of lands to the north 
and east of the national monument to include the remainder of the 
historic walled orchard that was an integral part of the Tumacacori 
mission, to provide for relocation of the administration/utility 
building, and to supply distance from future incompatible development. 
Additionally, correction of the right-of-way for U.S. Highway 89 would 
be accomplished by exchanging approximately .11 acres of Federal lands 
for about .31 acre of State lands. 

The National Park Foundation has acquired the 5.86 acres of land necessary 
to include the remainfhg historic lands, provide for relocation of the 
administrative complex, and protect agdinst the increasing development 
of urban facilities now taking place at the village of Tubac, 3 miles 
north of the monument. The Foundation has offered this property for 
sale to the Department for approximately $23,500. We recommend acquisition 
of these lands to accomplish the objectives of the park as stated above, 
and to release the funds of the National Park Foundation for future 
projects beneficial to the National Park System. 

A survey of the monument in 1976 revealed that U.S. Highway 89 crosses a 
corner of the monument, isolating a small parcel of land. The Arizona 
Department of Transportation favors an exchange of lands that would 
correct this right-of-way problem. The lands to be transferred from the 
State border the National Park Foundation lands described above. 



Tuzigoot National Monument, Arizona 

Authority is sought to expand the present park of 57.78 acres by adding 
827.52 acres (787.52 private, 40 Forest Service) for a new total of 
875.30 acres. Acquisition cost is estimated at $1,590,000. 

The proposal would include historic lands where the full interpretive 
cultural story can be told, rather than being limited to only the pueblo 
site as it is now. An environmentally sensitive marsh area would be 
protected, an unsightly mine tailings area rehabilitated, and distance 
would be provided between the pueblo site and residential development 
that is gradually creeping toward the monument. 



67 



White Sands National Monument, New Mexico 

It is proposed that 320 acres of National Park Service lands in the 
Garton Lake area of White Sands National Monument be exchanged for 320 
acres of adjacent Bureau of Land Management lands. In addition, it is 
proposed that AGO acres of land in the same vicinity be exchanged for 
inholding lands presently owned by the State of New Mexico within the 
monument proper. These minor adjustments will provide a more appropriate 
boundary for the National Park Service, the Bureau of Land Management, 
and the State of New Mexico, and allow more proper management by all 
agencies concerned. 

The Dog Canyon tract (440 acres), located 12 miles southeast of Alamogordo, 
New Mexico, and approximately 20 miles from VThite Sands National Monument 
proper, has never used the water rights for which it was originally 
acquired in 1940. It is proposed that the 440 acres, along with a 
portion of the water rights, be exchanged with the State of New Mexico 
for State-owned lands adjacent to Bandelier National Monument, which 
were authorized for acquisition in October 1976. A portion of the above 
mentioned water rights should, however, be retained for any future 
domestic needs of White Sands National Monument. 



William Howard Taft National Historic Site, Ohio 



This section would provide authority to acquire those lands depicted on 
the William Howard Taft National Historic Site Boundary Map, numbered 
"448-40,021 DSC" and dated January 1977. The map is on file and avail- 
able for public inspection in the offices of the Director of the National 
Park Service and the Superintendent of the William Howard Taft National 
Historic Site. Lands proposed for acquisition would be used for screening 
the historic Taft property from modern intrusions, for car and bus 
parking, and to interpret the boyhood environment of William Howard 
Taft. Parking is of particular concern in this instance because the 
Taft home is located in a heavily urbanized area of Cincinnati. The 
unavailability of parking is a definite limiting factor on public 
access to the Taft home. 

Authority for acquisition would cover 2.24 acres of land, bringing the 
overall size of the site to 3.07 acres. Only three tracts, consisting 
of 1.18 acres, are expected to be acquired immediately. The properties 
will be donated by the Hamilton County Board of County Commissioners and 
the Mount Auburn Good Housing Foundation. The remaining 1.06 acre-trace 
will remain under the ownership of Hamilton County with the National 
Park Service assured the right of furst refusal. 

On October 9, 1977, the Governor of Ohio signed legislation authorizing 
county governments in Ohio to make donations of public land to the 
Federal Government. This legislation was enacted as a direct result of 
the desire of Hamilton County to make these properties available for the 
restoration of the Taft home without cost. 



68 
Wind Cave National Park, South Dakota 



This section would provide authority for the acquisition of some 230 
acres of privately owned land immediately adjacent to the southern 
entrance of the park. Also provided is an authorization for an appro- 
priation of up to $226,500 to cover the cost of acquisition, including 
the escalation of prices and estimated deficiency award. 

Although presently used for cattle grazing, the owner is presently 
arranging the subdivision of his property into 20-acres parcels for 
public sale. This would lead to residential and commercial development. 
Since the area is immediately adjacent to the park, unsightly and undesirable 
development would upset the aesthetic character of the park. Custer 
County, South Dakota does not have local zoning ordinances. It would 
seem, therefore, that no alternative to outright acquisition exists. 



69 
IV. NATIONAL WILDERNESS SYSTEM DESIGNATIONS 

OF THE 31 WILDERNESS PROPOSALS TIIE COMMITTEE IS NOW CONSIDERING, 
RECOMMENDATIONS FOR 29 WERE PREVIOUSLY SENT TO THE CONGRESS AND DRAFT 
RECOMMENDATIONS FOR THE OTHER TWO, GRAND CANYON NATIONAL- PARK AND 
GULF ISLANDS NATIONAL SEASHORE ARE AT THE OFFICE OF MANAGEMENT AND BUDGET 
PENDING THE PRESIDENT'S RECOMMENDATION TO THE CONGRESS. WE ARE NOW 
CONSIDERING REVISIONS TO 14 OF THE 29 PROPOSALS WHICH WERE PREPARED BY 
PREVIOUS ADMINISTRATIONS AND EXPECT TO SEND REVISED RECOMMENDATIONS TO 
THE CONGRESS IN THE NEAR FUTURE. 

PRESIDENT CARTER IN HIS ENVIRONMENTAL MESSAGE OF MAY 23, 1977, 
SAID, "I ENDORSE, AND IN SOME CASES AM PROPOSING TO EXPAND, ALL OF THE 
MORE THAN 24 MILLION ACRES OF WILDERNESS PROPOSALS SUBMITTED TO THE 
CONGRESS BY PREVIOUS ADMINISTRATIONS." THIS DEPARTMENT IS REVIEWING ALL 
WILDERNESS PROPOSALS PREPARED BY PREVIOUS ADMINISTRATIONS AND WHERE WE 
RELIEVE CHANGES ARE NEEDED WE WILL PROVIDE REVISED WILDERNESS 
RECOMMENDATIONS TO THE CONGRESS, 

THERE ARE FOUR GENERAL ISSUES PERTAINING TO THESE WILDERNESS PROPOSALS 
WHICH HAVE RECEIVED LENGTHY DISCUSSION AND IN SOME CASES HAVE BEEN 
TREATED DIFFERENTLY IN WILDERNESS ENACTMENTS. THESE CONCERN SPECIAL 
MANAGEMENT PROVISIONS, ENCLAVES, POTENTIAL WILDERNESS ADDITIONS AND THE 
DISTANCE AT WHICH WILDERNESS BOUNDARIES ARE LOCATED FROM ROADS. 



70 

SPECIAL MANAGEMENT PROVISIONS HAVE BEEN RECOMMENDED FOR INCLUSION 
IN WILDERNESS LEGISLATION WHEN IT HAS BEEN DETERMINED THAT A SPECIFIC 
FACILITY OR MANAGEMENT ACTIVITY IS NEEDED FOR PROPER MANAGEMENT OF THE 
LAND, BUT IT IS NOT CLEARLY PERMITTED BY THE LANGUAGE OF THE 1964 
WILDERNESS ACT. SPECIAL MANAGEMENT PROVISIONS VARY FROM PARK TO PARK 
BUT GENERALLY THEY INCLUDE EXISTING ENCUMBRANCES SUCH AS UNDERGROUND 
UTILITY LINES, HYDROLOGICAL DEVICES OR SHELTERS: OR SUCH MANAGEMENT 
ACTIVITIES AS FIRE MANAGEMENT AND THE USE OF MOTORIZED VEHICLES FOR 
MANAGEMENT PURPOSES IN CERTAIN SPECIFIED AREAS. 

SOME OF THE PROPOSALS CONTAIN NON- WILDERNESS ENCLAVES WHERE VISITOR 
USE FACILITIES ARE PROVIDED WHICH EXCEED THE MINIMUM NECESSARY FOR HEALTH 
AND SAFETY OF THE WILDERNESS USER OR FOR PROTECTION OF RESOURCES. THESE 
ARE EXISTING STRUCTURES WHICH RANGE FROM SMALL FURNISHED CABINS TO 
ELABORATE RESORT FACILITIES. 

POTENTIAL WILDERNESS ADDITIONS APPLY TO LANDS WHICH ARE CURRENTLY 
ENCUMBERED BUT WHICH WOULD BE SUITABLE FOR WILDERNESS DESIGNATION FOLLOWING 
REMOVAL OF THE ENCUMBRANCE. ENCUMBRANCES VffllCH FIT INTO THIS CATEGORY 
GENERALLY INCLUDE PRIVATELY OWNED PROPERTY WHICH MAY BE ACQUIRED AT A 
FUTURE TIME, PRIVATELY OWNED MINER/iL RIGHTS AND OTHER PRIVATELY OWNED 
RIGHTS. THESE AREAS WOULD AUTOMATICALLY ACHIEVE WILDERNESS STATUS WHEN 
THE ENCUMBRANCE IS TERMINATED AND ANY NONCONFORMING STRUCTURES ARE 
REMOVED FROM THE LAND. 



71 

BY LOCATING WILDERNESS BOUNDARIES ON PROMINENT PHYSICAL FEATURES, 
UNDEVELOPED LANDS ALONG EXISTING ROADS HAVE BEEN OMITTED FROM WILDERNESS 
PROPOSALS. BOUNDARIES RAVE BEEN PLACED ON PHYSICAL FEATURES IN ORDER TO 
ENABLE THE PARK MANAGER AND THE VISITOR TO BE ABLE TO IDENTIFY THE 
LOCATION OF A WILDERNESS BOUNDARY ON THE GROUND. SPECIFICALLY EXCLUDED 
FROM WILDERNESS ARE THE LIMITS OF ROAD CONSTRUCTION, EXISTING ROADSIDE 
DEVELOPMENTS, AREAS NEEDED FOR INTENSIVE USE AND AREAS NEEDED FOR 
INTERPRETIVE EXHIBITS, DEVICES AND PROGRAMS. 



72 



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83 

ARCHES NATIONAL PARK 
UTAH 

THE PRESIDENT FORMALLY TRANSMITTED A WILDERNESS RECOMMENDATION FOR 

ARCHES NATIONAL PARK IN UTAH TO CONGRESS ON MAY 23, 1977, IN CONJUNCTION 

WITH HIS ENVIRONMENTAL MESSAGE. THAT RECOMMENDATION SUGGESTED 54,450 

ACRES FOR WILDERNESS DESIGNATION AND 9,050 ACRES AS POTENTIAL WILDERNESS 

ADDITIONS. THE PROPOSAL IS PRESENTLY IN THE PROCESS OF BEING REVISED. 

MANY OF THE LANDS PREVIOUSLY RECOMMENDED AS POTENTIAL WILDERNESS ADDITIONS 

WERE SUBJECT TO MINERAL LEASES WHICH HAVE NOW EXPIRED. RECLASSIFICATION 

OF THESE POTENTIAL WILDERNESS ADDITIONS COULD SIGNIFICANTLY INCREASE THE 

ACREAGE FOR IMMEDIATE WILDERNESS DESIGNATION. 



BIG BEND NATIONAL PARK 
TEXAS 

IN HIS LETTER TO CONGRESS OF NOVEMBER 28, 1973, THE PRESIDENT 

RECOMMENDED THAT WILDERNESS OF 533,900 ACRES WITHIN BIG BEND NATIONAL 

PARK, TEXAS, BE DESIGNATED AS WILDERNESS AND 25,700 ACRES OF POTENTIAL 

WILDERNESS BE DESIGNATED WITHIN BIG BEND NATIONAL PARK, TEXAS. PUBLIC 

HEARINGS WERE HELD IN ALPINE, TEXAS ON JANUARY 15, 1972. ISSUES THAT 

NEED TO BE INCLUDED IN THE COMMITTEE REPORT ARE PROVISIONS FOR UNDERGROUND 

WATERLINE AND PRESCRIBED BURNING. PROPOSALS BY CITIZEN'S GROUPS HAVE 

BEEN FOR 559,600 ACRES, WHICH WOULD INCLUDE THE POTENTIAL WILDERNESS IN 

INSTANT WILDERNESS. 



84 

BRYCE CANYON NATIONAL PARK 
UTAH 

THE INITIAL WILDERNESS RECOMMENDATION FOR BRYCE CANYON NATIONAL 
PARK WAS MADE TO CONGRESS ON FEBRUARY 8, 1972. THAT PROPOSAL RECOM- 
MENDED 16,303 ACRES FOR WILDERNESS DESIGNATION. SUBSEQUENTLY, A REVISED 
PROPOSAL WAS SUBMITTED TO CONGRESS ON JANUARY 12, 1976. THIS RECOMMENDATION 
ADDED 5,217 ACRES, CONSISTING IN PART OF LANDS ORIGINALLY INTENDED TO BE 
RESERVED AS A MANAGEMENT ZONE WHICH IS NO LONGER NEEDED AND FOR A VIEW 
POINT ACCESS ROAD IN THE NORTHERN PORTION OF THE PARK. THIS ACCESS ROAD 
HAS NOW BEEN DROPPED IN FAVOR OF TRAIL ACCESS, WHICH IS COMPATIBLE WITH 
WILDERNESS DESIGNATION. DUE TO CARTOGRAPHIC ERROR, A PORTION OF THE 
CANYON BET\>n]:EN BRYCE POINT AND SUNRISE POINT, WHICH POSSESSES SOME 
DEVELOPMENT AND IS SUBJECT TO INTENSE VISITOR USE, WAS ALSO INDICATED AS 
WILDERNESS ON THE MAP SUBMITTED ON JANUARY .12, 1976. WE ARE RECOMMENDING 
THAT THIS PORTION OF THE CANYON NOT BE INCLUDED AND THAT A WILDERNESS 
CONSISTING OF 20,810 ACRES BE ENACTED. 

BUFFALO NATIONAL RIVER 
ARKANSAS 

IN HIS ENVIRONMENTAL MESSAGE OF MAY 23, 1977, PRESIDENT CARTER 
RECOMMENDED THAT 10,529 ACRES OF FEDERAL LAND BE DESIGNATED WILDERNESS 
AND THAT 25,A71 ACRES OF NONFEDERAL LANDS OR WHICH HAVE NONFEDERAL 
INTERESTS THEREIN, BE DESIGNATED AS WILDERNESS ADDITIONS. 



85 

IN THE UPPER BUFFAI.0 RIVER AREA SAO ACRES ARE RECOMMENDED FOR 
DESIGNATION AS WILDERNESS AND 1,360 ACRES AS POTENTIAL WILDERNESS ADDITIONS. 
THIS UNIT ADJOINS THE 9,400 ACRE OZARK NATIONAL FOREST UPPER BUFFALO 
WILDERNESS. IN THE PONCA AREA A, 382 ACRES ARE RECOMMENDED FOR DESIGNATION 
AS WILDERNESS AND 6,918 ACRES AS POTENTIAL WILDERNESS ADDITIONS. IN THE 
LOWER BUFFALO AREA 5,307 ACRES ARE RECOMMENDED FOR DESIGNATION AS WILDERNESS 
AND 17,193 ACRES AS POTENTIAL WILDERNESS ADDITIONS. TRADITIONALLY, 
JOHNBOATS WITH MOTORS HAVE BEEN USED ON THE LOWER PORTION OF THE BUFFALO 
RIVER AND IT IS FELT THAT USE OF MOTORS IS A CONVENIENCE TO THOSE WHO 
DESIRE MOTORIZED ACCESS FOR FISHING, BUT IS NOT NECESSARY FOR PUBLIC 
ENJOYMENT OF THE PROPOSED WILDERNESS. IT IS THEREFORE RECOMMENDED THAT 
MOTORIZED RECREATIONAL USE OF THIS PORTION OF THE RIVER CONTINUE, BUT 
THAT THE RIVER NOT BE DESIGNATED AS WILDERNESS. THOSE PORTIONS OF THE 
RIVER FLOWING THROUGH THE UPPER BUFFALO AND PONCA UNITS ARE INCLUDED 
WITHIN THE RESPECTIVE WILDERNESS UNITS. 

A LARGE PORTION OF THE LANDS IN THE PROPOSED WILDERNESS UNITS 
WITHIN THE NATIONAL RIVER ARE IN NONFEDERAL OWNERSHIP OR HAVE NONFEDERAL 
INTERESTS. SOME OF THE LANDS WILL BE SUBJECT TO USE AND OCCUPANCY RIGHTS 
FOR A MINIMUM OF 25 YEARS. THEREFORE, 25,A71 ACRES ARE RECOMMENDED AS 
POTENTIAL WILDERNESS ADDITIONS. 



86 

CANYONLANDS NATIONAL PARK 
UTAH 

THE PRESIDENT FORMALLY TRANSMITTED A WILDERNESS RECOMMENDATION FOR 

CANYONLANDS NATIONAL PARR TO CONGRESS ON MAY 23, 1977. THAT RECOMMENDATION 

SUGGESTED 260,150 ACRES FOR WILDERNESS DESIGNATION AND 18,270 ACRES AS 

POTENTIAL WILDERNESS ADDITIONS. THE PROPOSAL IS PRESENTLY UNDER REVIEW 

FOR FURTHER REVISIONS. MANY OF THE LANDS PREVIOUSLY RECOMMENDED AS 

POTENTIAL WILDERNESS ADDITIONS WERE SUBJECT TO GR^\ZING, OIL AND GAS 

LEASES WHICH HAVE SINCE EXPIRED. IN ADDITION, CERTAIN LANDS PREVIOUSLY 

OWNED BY THE STATE OF UTAH ARE NOW ACQUIRED. RECLASSIFICATION OF THESE 

POTENTIAL WILDERNESS ADDITIONS AND OTHER CHANGES BEING CONSIDERED COULD 

SUBSTANTIALLY INCREASE THE ACREAGE FOR IMMEDIATE WILDERNESS DESIGNATION. 

CAPITOL REEF NATIONAL PARK 
UTAH 

THE PRESIDENT SENT A WILDERNESS RECOMMENDATION FOR CAPITOL REEF 
NATIONAL PARK TO CONGRESS ON MAY 23, 1977, AS PART OF HIS ENVIRONMENTAL 
MESSAGE. THAT RECOMMENDATION CONSISTED OF 179,815 ACRES AS WILDERNESS 
AND 4,050 ACRES AS POTENTIAL WILDERNESS ADDITIONS. THE PROPOSAL IS 
PRESENTLY UNDER REVIEW FOR REVISION. MANY OF THE IJVNDS PREVIOUSLY 
RECOMMENDED AS POTENTIAL WILDERNESS ADDITIONS WERE SUBJECT TO LEASES 
WHICH HAVE NOW EXPIRED. MOREOVER, THE INVALIDATION OF A MINING CLAIM, 
THE ACQUISITION OF STATE AND PRIVATE LANDS WITHIN THE PARK, AND THE 
CLOSURE OF TWO ROADS HAVE ALL RECENTLY OCCURRED. RECLASSIFICATION OF 
THESE POTENTIAL WILDERNESS ADDITIONS AND OTHER CHANGES BEING CONSIDERED 
COULD SUBSTANTIALLY INCREASE THE ACREAGE FOR IMMEDIATE WILDERNESS DESIGNATION. 



CARLSBAD CAVERN S NATIONAL PARK 
NEW MEXICO 

IN HIS LETTER TO CONGRESS OF SEPTEMBER 21, 1972, THE PRESIDENT 

RECOMMENDED 30,210 ACRES OF WILDERNESS AND 320 ACRES OF POTENTIAL WILDERNESS 

BE DESIGNATED IN CARLSBAD CAVERNS NATIONAL PARK. THE POTENTIAL WILDERNESS 

CONSISTS OF PRIVATE LANDS AT THE WESTERN END OF THE PARK. IN HIS 

ENVIRONMENTAL MESSAGE OF MAY 23, 1977, PRESIDENT CARTER ENDORSED AN 

INTERAGENCY PROPOSAL FOR THE GUADALUPE ESCARPMENT WILDERNESS WHICH INVOLVES 

CARLSBAD CAVERNS. AT SUCH TIME AS THE GUADALUPE ESCARPMENT PROPOSAL IS 

SENT TO CONGRESS THE CHANGES IN WILDERNESS FOR CARLSBAD CAVERNS WILL BE 

INCLUDED. 



CEDAR BREAKS NATIONAL MONUMENT 
UTAH 

THE ORIGINAL WILDERNESS RECOMMENDATION FOR CED/iR BREAKS NATIONAL 

MONUMENT IN UTAH, \^mICH COMPRISED 4,370 ACRES OR ABOUT 71 PERCENT OF THE 

MONUMENT, WAS TRANSMITTED TO CONGRESS ON APRIL 28, 1971. THIS WAS 

SUBSEQUENTLY REVISED TO INCLUDE AN ADDITIONAL 460 ACRES, BRINGING THE 

WILDERNESS PROPOSAL TO 4,830 ACRES, IN A SUBMISSION TO CONGRESS ON 

JANUARY 12, 1976. THE ADDITION CONSISTED OF LANDS ORIGINALLY INTENDED 

TO BE RESERVED AS A MANAGEMENT ZONE ALONG THE MONUMENT'S BOUNDARY. IT 

WAS LATER DETERMINED THESE LANDS WOULD NOT BE NEEDED FOR THIS PURPOSE. 

THE WILDERNESS RECOMMENDATION, AS PROPOSED IN THE REVISION OF JANUARY 12, 

1976, IS SHOWN ON THE MAP ENTITLED "WILDERNESS PLAN, CEDAR BREAKS NATIONAL 

MONUMENT," NUMBERED 154-20,000 AND DATED MAY 1973. 



88 

COLORADO NATIONAL MONUMENT 
COLORADO 

A RECOMMENDATION PROPOSING WILDERNESS DESIGNATION FOR 7,700 
ACRES OF THE COLORADO NATIONAL MONUMENT WAS TRANSMITTED TO CONGRESS 
ON FEBRUARY 8, 1972. ALMOST FOUR YEARS LATER, ON JANUARY 12, 1975, 
A REVISED RECOMMENDATION WAS SUBMITTED TO CONGRESS WHICH WOULD INCREASE 
THE WILDERNESS ACREAGE 2,600 ACRES, FOR A NEW TOTAL OF 10,300 ACRES 
OF WILDERNESS. THIS INCREASE CONSISTED OF LANDS ORIGINALLY INTENDED 
TO BE RESERVED AS A MANAGEMENT ZONE NO LONGER NEEDED AND FOR THE 
DEVELOPMENT OF AN UNPAVED INTERPRETIVE ROAD, WHICH WAS SUBSEQUENTLY 
ABANDONED IN FAVOR OF TRAIL ACCESS COMPATIBLE WITH WILDERNESS DESIG- 
NATION. THE REVISED RECOMMENDATION IS SHOWN ON THE MAP ENTITLED 
"WILDERNESS PLAN, COLORADO NATIONAL MONUMENT," NUMBERED 119-20, 006-B 
AND DATED MARCH 1974. 

CRATER LAKE NATIONAL PARK 
O REGON 

THE WILDERNESS RECOMMENDATION IS THAT 122,400 ACRES OF LAND IN 
CRATER LAKE NATIONAL PARK BE DESIGNATED AS WILDERNESS AND BE KNOWN AS 
CRATER LAKE WILDERNESS. CRATER LAKE PROPER IS NOT RECOMMENDED FOR 
WILDERNESS DESIGNATION AS THE NATIONAL PARK SERVICE FEELS THAT MOTORBOAT 
TOURS ARE AN APPROPRIATE USE FOR INTERPRETATION OF THE LAKE AND ITS 
ORIGIN. MAN'S IMPRINT IS QUITE NOTICEABLE BECAUSE OF THE PRESENCE OF 
THESE BOATS AND THE LAKESHORE DEVELOPMENT. TO PERMIT THE CONTINUED 
COLLECTION OF HYDROLOGIC DATA, IT IS RECOMMENDED THAT THE COMMITTEE 
REPORT CLEARLY AUTHORIZE THE SECRETARY OF THE INTERIOR TO ESTABLISH, USE 
AND MAINTAIN HYDROLOGIC DEVICES WITHIN THIS WILDERNESS IN ACCORDANCE 
WITH SUCH REGULATIONS AS ARE DEEMED DESIRABLE. PROVISION FOR PRESCRIBED 



89 

BURNING WITHIN WILDERNESS SHOULD ALSO BE INCLUDED IN THE COMMITTEE 
REPORT. THERE IS AN EXISTING FIRE LOOKOUT ON THE SUMMIT OF MOUNT SCOTT, 
HOWEVER, AS TESTIFIED TO AT PREVIOUS HEARINGS, SUCH EXISTING FACILITIES 
ARE CONSIDERED TO BE THE MINIMUM TOOL NEEDED FOR PROTECTION OF WILDERNESS 
RESOURCES, AND THEREFORE NO REFERENCE TO THIS FACILITY IS NECESSARY IN 
THE LEGISLATION OR THE COMMITTEE REPORT. THE WILDERNESS PLAN IS SHOWN 
ON A MAP ENTITLED, "WILDERNESS PLAN, CRATER LAKE NATIONAL PARK, OREGON," 
NUMBERED 106/20006-D AND DATED MARCH 1974. 

CRATER LAKE PROPER WAS NOT RECOMMENDED FOR WILDERNESS DESIGNATION 
BECAUSE FOUR CONCESSIONER OPERATED, SIXTY PASSENGER MOTORCRAFT ARE USED 
—IN CONDUCTING TOURS ON THE LAKE. THE TOURS INCLUDE AN INTERPRETATIVE 
PROGRAM. SUPPORT FACILITIES INCLUDE TWO BOAT HOUSES, TOILET FACILITIES 
AND A DOCK ON WIZZARD ISLAND AND A DOCK, SNACK BAR, TOILET FACILITIES, 
FUEL SERVICE LINE AND ACCESS TRAIL AT CLEETWOOD COVE. UNDER EXISTING 
POLICIES THE DEPARTMENT HAS ELECTED TO PERMIT MOTORBOAT USE IN INTERIOR 
WILDERNESS ONLY IN SPECIAL OR EMERGENCY CASES INVOLVING THE SAFETY OF 
WILDERNESS USERS OR THE PROTECTION OF WILDERNESS VALUES. THE TOURS AND 
FACILITIES DO NOT FALL WITHIN THE DEPARTMENT'S POLICIES FOR PERMISSIBLE 
MOTORBOAT USE. ON THE OTHER HAND, THE DEPARTMENT BELIEVES THE TOURS 
SHOULD BE CONTINUED AS THEY ARE CONSIDERED NECESSARY TO PARK RESOURCE 
USE AND ENJOYMENT. FURTHERMORE, THE DEPARTMENT MAY DECIDE IN THE FUTURE 
THAT AN INCREASED LEVEL OF TOURS IS NECESSARY. IF THE LAKE WERE DECLARED 
WILDERNESS, AN INCREASED LEVEL OF TOURS MIGHT BE PROSCRIBED BY THE 
LANGUAGE IN SECTION 4(d)(1) OF THE WILDERNESS ACT. FURTHERMORE, THE 
DEPARTMENT FEELS THAT THE TOURS AND SUPPORT FACILITIES ARE NOT NECESSARY 
TO WILDERNESS RESOURCE USE AND ENJOYMENT AND ARE INCONSISTENT WITH 
INTEGRAL PROVISIONS OF THE WILDERNESS ACT WHICH DEFINES WILDERNESS, IN 
PART, AS AN AREA, "...WITHOUT PERMANENT IMPROVEMENTS. . .WITH THE IMPRINT 
OF MAN'S WORK SUBSTANTIALLY UNNOTICEABLE. . . ," AND HAVING, "...OUTSTANDING 
OPPORTUNITIES FOR SOLITUDE OR A PRIMITIVE AND UNCONFINED TYPE OF RECREATION. 



90 

CUMBERLAND GAP NATIONAL HISTORICAL PARK 
KENTUCKY, TENNESEE, AND VIRGINIA 

WE HAVE RECENTLY REVIEWED THE WILDERNESS PROPOSAL WHICH THE DEPARTMENT 

OF THE INTERIOR SENT TO THE CONGRESS ON JANUARY 12, 1976, WHICH PROPOSED 

7,940 ACRES AS WILDERNESS AND 5,670 ACRES AS POTENTIAL WILDERNESS ADDITIONS, 

AND NOW RECOMMEND THAT 11,710 ACRES BE DESIGNATED WILDERNESS AND 1,900 

ACRES AS POTENTIAL WILDERNESS ADDITIONS. THE 1,900 ACRES ARE SUBJECT TO 

RIGHTS HELD BY THE LINCOLN MEMORIAL UNIVERSITY OF HARROGATE, TENNESSEE. 

THE UNIVERSITY RETAINED RIGHTS TO DEVELOP AND USE THE CAVE PASSAGES 

UNDER THIS AREA AND TO DEVELOP AND USE THE WATER WHICH FLOWS THROUGH THE 

CAVE. THE UNIVERSITY OPERATES THE CAVE AS A COMMERCIAL VENTURE AND 

DRAWS WATER FROM THE UNDERGROUND STREAM. ALTHOUGH THE DEVELOPED PORTION 

OF THE CAVE IS NOT WITHIN THE WILDERNESS PROPOSAL, THE CAVE AND WATER 

RIGHTS EXTEND TO BOTH THE UNDERGROUND AND SURFACE PORTIONS OF THE FORMER 

UNIVERSITY PROPERTY WHICH IS WITHIN THE PROPOSED WILDERNESS. THIS 

WILDERNESS RECOMMENDATION IS SHOWN ON A MAP ENTITLED, "WILDERNESS PLAN, 

CUMBERLAND GAP NATIONAL HISTORICAL PARK," NUMBERED 380-20, 026-C AND 

DATED NOVEMBER 1977. 



91 

DEATH VALLEY NATIONAL MONUMENT 
CALIFORNIA AND NEVADA 

THE PRESIDENT'S TRANSMITTAL OF DECEMBER 4, 1974, TO ' THE CONGRESS 
RECOMMENDED THAT 1,908,000 ACRES BE DESIGNATED WILDERNESS, WITH 6,900 
ACRES AS POTENTIAL WILDERNESS ADDITIONS. HOWEVER, THE ACT OF SEPTEMBER 28, 
1976, PROVIDING FOR REGULATION OF MINING AND MINERAL LEASING IN UNITS OF 
THE NATIONAL PARK SYSTEM, REQUIRES A STUDY OF MINERALIZED AREAS IN 
CERTAIN PARKS AND A REPORT TO THE CONGRESS BY SEPTEMBER 28, 1978. THE 
STUDIES MAY IDENTIFY AREAS OF SIGNIFICANT MINERAL DEPOSITS THAT SHOULD 
BE DELETED FROM THE NATIONAL MONUMENT IN ORDER TO REDUCE ACQUISITION 
COSTS OF MINERAL CLAIMS. SUCH LANDS MAY INCLUDE THOSE PRESENTLY IDENTIFIED 
IN THE WILDERNESS RECOMMENDATION. ACCORDINGLY, \m SUGGEST A DEFERRAL OF 
CONGRESSIONAL ACTION ON THE WILDERNESS RECOMMENDATION UNTIL THE MINERAL 
STUDY HAS BEEN COMPLETED AND SENT TO THE CONGRESS. 

DINOSAUR NATIONAL MONUMENT 
COLORADO-UTAH 

THE WILDERNESS RECOMMENDATION FOR DINOSAUR NATIONAL MONUMENT WAS 
SENT TO CONGRESS ON DECEMBER 4, 1974. THE RECOMMENDATION PROPOSES 
165,341 ACRES FOR IMMEDIATE WILDERNESS DESIGNATION, 10,274 ACRES TO 
BE POTENTIAL WILDERNESS ADDITIONS. IT WAS INITIALLY PROPOSED THAT 
IMMEDIATE WILDERNESS IN DINOSAUR NATIONAL MONUMENT AMOUNT TO NO 
MORE THAN 45,100 ACRES BECAUSE OF THE LARGE NL'MBER OF ACRES USED FOR 
DOMESTIC LIVESTOCK GRAZING. SUBSEQUENTLY, THE PROPOSAL WAS CHANGED WITH 
THE RESULT THAT 120,241 ACRES WERE ADDED TO THE PROPOSED WILDERNESS. 
THE 10,274 ACRES OF POTENTIAL WILDERNESS THAT REMAIN, REPRESENT 
ROAD CORRIDORS RELATED TO GRAZING. AS GRAZING RIGHTS ARE PHASED 
OUT, THESE ROADS WILL BE OBLITERATED. THE WILDERNESS RECOMMENDATION 
IS SHOWN ON THE MAP ENTITLED "WILDERNESS PLAN, DINOSAUR NATIONAL 
MONUMENT," NUMBERED 122-20, 009-A AND DATED JUNE 1974. 

38-854 O - 79 - 7 



92 

EVERGLADES NATIONAL PARK 
FLORIDA 

THE WILDERNESS RECOMMENDATION IS FOR 1,296,500 ACRES TO BE DESIGNATED 
AS WILDERNESS AND FOR 81,900 ACRES AS POTENTIAL WILDERNESS ADDITIONS. 
THE POTENTIAL ADDITIONS CONSIST OF PRIVATE LANDS OR AREAS WITH MINERAL 
RIGHTS, SMALL AREAS OF FEDERAL LANDS ISOLATED BY PRIVATE HOLDINGS, AND A 
POWERLINE TO BE PLACED UNDERGROUND. THE SPECIAL PROVISION IN THE LEGISLATION 
WOULD PROVIDE FOR THESE LANDS TO BECOME WILDERNESS WHEN THE NONQUALIFYING 
CIRCUMSTANCES HAVE BEEN REMOVED. THE WILDERNESS RECOMMENDATION INCLUDES 
MOST OF THE SUBMERGED MARINE LANDS WITHIN THE PARK TO OFFER THE HIGHEST 
PROTECTION TO THIS SIGNIFICANT ECOSYSTEM. MOTORBOATING WOULD CONTINUE AS 
BEFORE IN THE WATERS OVER THE SUBMERGED WILDERNESS. 

GLACIER NATIONAL PARK 
MONTANA 

THE WILDERNESS RECOMMENDATION FOR GLACIER NATIONAL PARK IN 
MONTANA WAS TRANSMITTED TO CONGRESS ON JUNE 13, 1974. THE PROPOSAL 
COMPRISES 927,550 ACRES INDICATED FOR IMM1-:DIATE WILDERNESS AND 
3,360 ACRES OF POTENTIAL WILDERNESS ADDITIONS. THE POTENTIAL WILDER- 
NESS ADDITIONS REPRESENT PRIVATE INTERESTS IN LANDS WITHIN THE PARK. 
AMONG THE MORE SIGNIFICANT INTERESTS ARE THE CUMMINGS RANCH (130 ACRES) 
AND ACCESS CORRIDOR THERETO (160 ACRES), AND THREE TRACTS OF PRIVATE 
LAND TOTALING 2,760 ACRES LOCATED AT THE SOUTHERN END OF THE APGAR 
MOUNTAINS ON THE WESTERN EDGE OF THE PARK. THIS WILDERNESS RECOMMEN- 
DATION IS SHOWN ON THE MAP ENTITLED "WILDERNESS PLAN, GLACIER NATIONAL 
PARK," NUMBERED 117-20, OOl-A AND DATED MARCH 1974. 



93 

GRAND CANYON NATIONAL PARK 
ARIZONA 

THE OFFICE OF MANAGEMENT AND BUDGET IS REVIEWING A RECOMMENDATION 
FOR 1,004,066 ACRES OF WILDERNESS AND 108,945 ACRES OF POTENTIAL WILDERNESS 
ADDITIONS AT GRAND CANYON NATIONAL PARK. THIS INCLUDES THE FREE- FLOWING 
COLORADO RIVER FROM MAVAJO BRIDGE TO THE GRAND WASH CLIFFS, A DISTANCE 
OF 270 MILES. VISITOR USE OF THIS PORTION OF THE RIVER WILL BE WITHOUT 
MOTORIZED BOATS. THE POTENTIAL WILDERNESS ADDITIONS INCLUDE A NUMBER OF 
OUTSTANDING PRIVATE RIGHTS, AND THE HAVASUPAI USE LANDS PENDING COMPLETION 
OF A STUDY TO DETERMINE WHAT TRADITIONAL USES MAY OCCUR ON THESE LANDS. 
THE RECOMMENDATION ALSO CALLS FOR DELETING THE AUTHORITY FOR RECLAMATION 
PROJECTS WITHIN THE PARK. THE DEPARTMENT IS CONSIDERING A REVISION TO 
THIS RECOMMENDATION IffllCH WOULD DELETE THE LAST 35 MILES OF THE RIVER 
FROM WILDERNESS FROM SEPARATION CANYON TO GRAND WASH CLIFFS, SINCE IT IS 
PART OF THE LAKE MEAD IMPOUNDMENT. A REVISION OF THE POTENTIAL WILDERNESS 
ADDITIONS IS ALSO BEING REVIEWED FOR POSSIBLY INCLUDING A TEMPORARY 
EXTENSIVE ARCHEOLOGICAL RESEARCH AREA AND ACCESS CORRIDOR. IF APPROVED 
AND CLEARED, THIS REVISED RECOMMENDATION WOULD INCLUDE 997,366 ACRES OF 
WILDERNESS AND 109,945 ACRES OF POTENTIAL WILDERNESS ADDITIONS. 



94 

GREAT SMOKY MOUNTAINS NATIONAL PARK 
NORTH CAROLINA AND TENNESSEE 

ON DECEMBER 4, 1974, THE PRESIDENT SENT TO THE CONGRESS RECOMMENDATIONS 

FOR DESIGNATING 390,500 ACRES AS WILDERNESS AND 400 ACRES AS POTENTIAL 

WILDERNESS ADDITIONS IN GREAT SMOKY MOUNTAINS NATIONAL PARK. THE POTENTIAL 

WILDERNESS ADDITION CONTAINS LE CONTE LODGE AND ITS ACCESS CORRIDOR. 

THE NATIONAL PARK SERVICE IS REVIEWING THIS PROPOSAL TO DETERMINE WHETHER 

SOME PARK ROADS COULD BE CLOSED OR OTHER AREAS MADE AVAILABLE FOR WILDERNESS, 

THE SERVICE IS ALSO REEVALUATING THE LE CONTE LODGE OPERATION TO DETERMINE 

WHETHER IT SHOULD REMAIN AND THUS POSSIBLY ALTER THE POTENTIAL WILDERNESS 

ADDITION. 

GRAND TETON NATIONAL PARK 
WYOMING ■ 

THE WILDERNESS PROPOSAL FOR GRAND TETON NATIONAL PARK WAS SENT TO 
CONGRESS ON SEPTEMBER 21, 1972. THAT RECOMMENDATION SUGGESTED 115,807 
ACRES FOR WILDERNESS DESIGNATION AND 20,850 ACRES AS POTENTIAL WILDERNESS 
ADDITIONS. THE POTENTIAL WILDERNESS ADDITIONS IN QUESTION ARE MADE UP 
OF TWO TRACTS PRESENTLY SUBJECT TO EXISTING GRAZING RIGHTS. ONE TRACT 
OF 1,650 ACRES LIES AT THE NORTH END OF PHELPS LAKE IN THE SOUTHWESTERN 
PORTION OF THE PARK. THE OTHER, OF 19,200 ACRES, COVERS THE POTHOLES 
AND SIGNAL MOUNTAIN AREAS, IS LOCATED IN THE CENTRAL REGION OF THE PARK 
AND FORMS A CRUCIAL ELEMENT OF THE SCENIC FOREGROUND OF THE TETON 
RANGE. THE WILDERNESS RECOMMENDATION IS SHOWN ON THE MAP ENTITLED, 
"WILDERNESS PLAN, GRAND TETON NATIONAL PARK," NUMBERED 136-20, 005-B AND 
DATED JULY 1972. IT SHOULD BE NOTED THAT THIS MAP DOES CONTAIN ONE 
ERROR IN THAT THE LANDS CONTAINING THE SIGNAL MOUNTAIN ROAD, LOCATED IN 
THE NORTHWEST CORNER OF THE POTHOLES AND SIGNAL MOUNTAIN POTENTIAL 
WILDERNESS ADDITION, SHOULD NOT BE INCLUDED AS A PART OF THE POTENTIAL 
WILDERNESS ADDITION. THIS IS A CARTOGRAPHIC ERROR AND HAS NO P.EARING 
ON THE ACREAGE UNDER CONSIDERATION. 



95 

GUADALUPE MOUNTAINS NATIONAL PARK 
TEXAS 

IN HIS LETTER TO CONGRESS ON SEPTEMBER 21, 1972, THE PRESIDENT 

RECOMMENDED 46,850 ACRES OF WILDERNESS WITHIN GUADALUPE MOUNTAINS NATIONAL 

PARK. PROVISIONS ARE RECOMMENDED IN THE COMMITTEE REPORT THAT WILL 

PROVIDE FOR WATER CATCHMENT FOR WILDLIFE AND FOR PRESCRIBED BURNING. 

REVISIONS TO THE 1972 RECOMMENDATION ARE NOW UNDERWAY AS A RESULT OF THE 

PRESIDENT'S MAY 23, 1977, ENVIRONMENTAL MESSAGE. GUADALUPE MOUNTAINS 

NATIONAL PARK WILL BE CONSIDERED ALONG WITH THE CARLSBAD CAVERNS NATIONAL 

PARK IN THE GUADALUPE ESCARPMENT WILDERNESS PROPOSAL ENDORSED BY THE 

PRESIDENT. CITIZEN'S GROUPS HAVE PROPOSED 73,000 ACRES FOR GUADALUPE 

WHICH INCLUDES MOST OF THE LAND NOT INCLUDED IN THE 1972 RECOMMENDATION. 

THE TOTAL PARK AREA CONSISTS OF 76,398 ACRES. 

GULF ISLANDS NATIONAL SEASHORE 
FLORIDA AND MISSISSIPPI 

THE OFFICE OF MANAGEMENT AND BUDGET IS CONSIDERING A RECOMMENDATION 

BY THE DEPARTMENT FOR DESIGNATING 1,777 ACRES AS WILDERNESS AND 2,800 

ACRES AS POTENTIAL WILDERNESS ADDITIONS AT GULF ISLANDS NATIONAL SEASHORE. 

THE POTENTIAL WILDERNESS ADDITIONS CONSISTS OF OUTSTANDING PRIVATE 

RIGHTS. THE RECOMMENDATION INCLLTDES PROPOSED SPECIAL PROVISIONS FOR AN 

ADMINISTRATIVE DOCK, USE OF VAULT TOILETS IN PRIMITIVE CAMPSITES, COAST 

GUARD MAINTENANCE OF NAVIGATION STRUCTURES, AND THE USE OF SMALL MOTOR 

VEHICLES FOR BEACH CLEAN-UP AND PATROL IN TIME OF STORMS. 



96 

HAWAII VOLCANOES NATIONAL PARK 
HAWAII 

THE WILDERNESS REPORT TRANSMITTED TO THE CONGRESS BY THE PRESIDENT 
ON DECEMBER 4, 197A, RECOMMENDED 123,100 ACRES AT HAWAII VOLCANOES 
NATIONAL PARK BE DESIGNATED AS WILDERNESS. THE DRAFT LEGISLATION 
ACCOMP AIDING THAT TRANSMITTAL INADVERTENTLY OMITTED MENTION OF THE 7,850 
ACRES IDENTIFIED AS POTENTIAL WILDERNESS ADDITIONS. THESE LANDS ARE 
PRIVATELY OWNED LANDS WITHIN THE PARK THAT POSSESS WILDERNESS QUALITIES. 
WE RECOMMEND THAT LEGISLATION TO ESTABLISH WILDERNESS AT HAWAII VOLCANOES 
NATIONAL PARK INCLUDE THE AUTHORITY FOR THESE LANDS TO BECOME WILDERNESS 
AT SUCH TIME AS THE SECRETARY DETERMINES THEY QUALIFY. THE DRAFT LEGISLATION 
ALSO INCLUDES SPECIAL PROVISIONS TO MAINTAIN SHELTERS WITHIN THE WILDERNESS, 
AND TO PERMIT THE USE OF MOTORIZED VEHICLES. AND SPECIAL EQUIPMENT FOR 
CONTROLLING FERAL ANIMALS AND CONDUCTING VOLCANIC RESEARCH. 



MOUNT RAINIER NATIONAL PARK 
WASHINGTON 

A WILDERNESS RECOMMENDATION WAS SENT TO THE CONGRESS ON DECEMBER A, 
1974. THAT RECOMMENDATION ILAS RECENTLY BEEN REVISED TO INCLUDE 210,700 
ACRES AS WILDERNESS AND 165 ACRES AS POTENTIAL WILDERNESS ADDITIONS. 
THESE LANDS ARE DEPICTED ON THE MAP ENTITLED "WILDERNESS PLAN, MOUNT 
RAINIER NATIONAL PARK, WASHINGTON," NUMBERED 105-20, 007A AND DATED 
AUGUST 1977. THIS REVISED RECOMMENDATION ALLOWS THE PUBLIC ACCESS TO 
THE HIGHLY POPULAR MOWICH LAKE AND THE PUYALLUP RIVER AREAS ON THE WEST 
SIDE OF THE NATIONAL PARK TO CONTINUE OVER TWO UNSURFACED ROADS. PUBLIC 
ACCESS BY MEANS OF THESE ROADS HAS BEEN FOUND DESIRABLE UNDER MANAGEMENT 
CONTROLS TO KEEP USE WITHIN THE CARRYING CAPACITY OF THE AREA. 



97 

VOLCANIC RESEARCH IS ESSENTIAL WITHIN MOUNT RAINIER NATIONAL PARK FOR 
AN EFFECTIVE EARLY VOLCANO DISASTER WARNING TO THE PEOPLE IN THE MOUNT 
RAINIER REGION. TO ACCOMPLISH BOTH VOLCANIC AND GLACIAL RESEARCH, 
SENSING AND SURVEYING INSTRUMENTS ARE NECESSARY AND HELICOPTERS ARE 
REQUIRED FOR TRANSPORT AND SERVICING. TO ALLOW FOR CONTINUATION OF 
VOLCANIC AND GLACIAL RESEARCH, IT IS RECOMMENDED THAT THESE ACTIVITIES 
BE CLEARLY RECOGNIZED IN THE LANGUAGE OF THE COMMITTEE'S REPORT ON 
LEGISLATION DESIGNATING WILDERNESS WITHIN MOUNT RAINIER NATIONAL PARK. 

NORTH CASCADES NATIONAL PARK 
WASHINGTON 

THE RECOMMENDATION IS FOR 526,650 ACRES OF LAND TO BE DESIGNATED AS 

WILDERNESS IN THE NORTH CASCADES NATIONAL PARK AND IN THE ROSS LAKE AND 

LAKE CHELAN NATIONAL RECREATION AREAS. AN ADDITIONAL 1,508 ACRES ARE 

RECOMMENDED AS POTENTIAL WILDERNESS ADDITIONS. THESE LANDS ARE DEPICTED 

ON THE MAP ENTITLED, "WILDERNESS PLAN, NORTH CASCADES, WASHINGTON," 

NUMBERED 168-20, 009-A AND DATED MARCH 1975. THIS RECOMMENDATION INCLUDED 

AUTHORITY OF THE SECRETARY OF THE INTERIOR TO CONSTRUCT AND MAINTAIN 

SHELTERS WHERE NECESSARY FOR THE PROTECTION OF PERSONS AND THE WILDEPJCESS 

RESOURCE, AND AUTHORITY TO ESTABLISH AND MAINTAIN HYDROMETEROROLOGIC 

DEVICES, IN ACCORDANCE WITH REGULATIONS THE SECRETARY DEEMS DESIRABLE. 

THE LANDS RECOMMENDED AS POTENTIAL WILDERNESS ADDITIONS CONSIST OF 

PATENTED MINING CLAIMS. 



98 

OLYMPIC NATIONAL PARK 
WASHINGTON 

THE ORIGINAL WILDERNESS RECOMMENDATION WAS SENT TO THE CONGRESS 
JUNE 13, 1974. THAT RECOMMENDATION HAS BEEN REVISED. WE NOW RECOMMEND 
861,179 ACRES AS WILDERNESS AND 2,854 ACRES AS POTENTIAL 
WILDERNESS. IT IS FURTHER RECOMMENDED THAT THE PARK BOUNDARY BE 
CHANGED TO INCLUDE A SMALL PARCEL OF LAND, LESS THAN ONE ACRE, KNOTO 
AS CAPE JOHNSON AND FORMERLY USED AS A LIGHTHOUSE. 

WITHIN THE WILDERNESS, IT IS FURTHER RECOMMENDED THAT THE 
SECRETARY OF THE INTERIOR BE PERMITTED TO CONSTRUCT AND MAINTAIN 
SHELTERS NECESSARY FOR THE PROTECTION OF PERSONS AND WILDERNESS RESOURCES, 
AND THAT AUTHORIZATION BE GIVEN TO USE AND MAINTAIN THE HURRICANE RIDGE 
UNDERGROUND POWER TRANSMISSION LINE AND THAT THE USE OF AIRCRAFT TO 
TRANSPORT WILDLIFE BE AUTHORIZED AS THE SECRETARY DEEMS NECESSARY. 
IT IS FURTHER RECOMMENDED THAT WILDERNESS STATUS FOR THESE LANDS SHOULD 
NOT DIMINISH THE AUTHORITY OF THE COAST GUARD INVOLVING UNMANNED 
NAVIGATIONAL AIDS FOR MARITIME AND AVIATION SAFETY PURPOSES. 

ALL WILDERNESS LANDS AND POTENTIAL WILDERNESS LANDS ARE SHOWN 
ON A MAP CURRENTLY IN PRODUCTION. THIS MAP WILL BE AVAILABLE UPON 
COMPLETION. 



90 

ORGAN PIPE CACT U S NATIONAL MONUMENT 
ARIZONA 

WE HAVE RECENTLY REVIEWED THE WILDERNESS REPORT WHICH THE PRESIDENT 

SENT TO THE CONGRESS ON DECEMBER 4, 1974, AND NOW RECOMMEND THAT 303,100 

ACRES BE DESIGNATED WILDERNESS AND 9,000 ACRES AS POTENTIAL WILDERNESS 

ADDITIONS. ACTIONS BY THE PARK MANAGER HAVE DELETED THE NEED FOR RELOCATING 

A PORTION OF A PARK ROAD, AND ANOTHER ROAD VJAS CLOSED FOLLOWING EXPIRATION 

OF A SPECIAL USE PERMIT, ALLOWING THESE AREAS TO BE ADDED TO THE WILDERNESS. 

THE POTENTIAL WILDERNESS ADDITIONS CONTAIN AN OVERHEAD POWERLINE. THE 

AREA COULD QUALIFY AS WILDERNESS WHEN THE POWERLINE IS PLACED UNDERGROUND 

OR RELOCATED. THIS WILDERNESS RECOMMENDATION IS SHOWN ON A MAP ENTITLED 

"WILDERNESS PLAN, ORGAN PIPE CACTUS NATIONAL MONUMENT," NUMBERED 157- 

. 20,001-A AND DATED NOVEMBER, 1977. 

ROCKY MOUNTAIN NATIONAL PARK 
COLORADO 

THE WILDERl^ESS RECOMMENDATION FOR ROCICf MOUNTAIN NATIONAL PARK IN 
COLORADO WAS SUBMITTED TO CONGRESS ON JUNE 13, 1974. THE PROPOSAL 
CONSISTS OF 239,835 ACRES OF THE PARK TO BE DESIGNATED AS IMMEDIATE 
WILDERNESS, WITH 479 ACRES TO BE MANAGED AS POTENTIAL '.7ILDERNESS ADDITIONS. 
THESE 479 ACRES INCLUDE 200 ACRES OF FEDERAL LAND WITH LIFE TENANCY AND 
279 ACRES IN PRIVATE OWNERSHIP. THIS WILDERNESS RECOMMENDATION IS SHOWN 
ON A MAP ENTITLED "WILDERNESS PLAN, EXHIBIT A, ROCKY MOUNTAIN NATIONAL 
PARK," NUMBERED 121—20,015 AND DATED MARCH 1974. WITH RESPECT TO THE 
MAP, IT SHOULD BE NOTED THAT THOSE AREAS ADJACENT TO THE RESERVOIRS IN 
THE SOUTHEASTERN PORTION OF THE PARK AS WFLL AS THOSE IN THE VICINITY OF 
LAWN LAKE IN THE NORTH-CENTRAL PORTION ARE INCO'-RECTLY MARKED AS POTENTIAL 
WILDERNESS ADDITIONS. 



100 

SEQUOIA AND KINGS CANYON NATIONAL PARKS 
CALIFORNIA 

AT SEQUOIA AND KINGS CANYON NATIONAL PARKS, THE NATIONAL PARK 

SERVICE HAS COMPLETED A RESEARCH PROGRAM THAT REQUIRED THE USE OF MOTOR 

VEHICLES, TEMPORARY ROADS AND STRUCTURES. COMPLETION OF THIS PROGRAM 

PERMITS A CONSIDERABLE AMOUNT OF ACREAGE TO QUALIFY FOR WILDERNESS IN 

ADDITION TO THE RECOMMENDATION TRANSMITTED TO THE CONGRESS ON JUNE 13, 

1974. WE NOW RECOMMEND THAT 796,800 ACRES BE DESIGNATED AS WILDERNESS, 

WITH 240 ACRES AS POTENTIAL WILDERNESS ADDITIONS. THE POTENTIAL WILDERNESS 

ADDITIONS ARE NOW PRIVATE INHOLDINGS WITHIN THE PARK. THE PLAN ALSO 

IDENTIFIES PEAR LAKE, BEARPAW MEADOW AND HOCKETT MEADOW AS AREAS WHERE 

STRUCTURES AND USES TAKE PLACE THAT ARE GREATER THAN THE MINIMUM FACILITIES 

COMPATIBLE WITH WILDERNESS. THESE THREE AREAS ARE EXCLUDED FROM WILDERNESS 

IN ENCLAVES. THIS WILDERNESS RECOMMENDATION IS DEPICTED ON A MAP 

ENTITLED "WILDERNESS PLAN, SEQUOIA AND KINGS CANYON NATIONAL PARKS," 

NUMBERED 102-20, 003-B AND DATED JUNE, 1977. 

THEODORE ROOSEVELT NATIONAL MEMORIAL PARK 
NORTH DAKOT A 

ON THE 21ST OF SEPTEMBER, 1972, A WILDERNESS RECOMMENDATION COMPRISING 

28,335 ACRES OF THEODORE ROOSEVELT NATIONAL MEMORIAL PARK IN NORTH 

DAKOTA WAS TRANSMITTED TO CONGRESS. SUBSEQUENTLY, A REVISED RECOMMENDATION 

WAS SENT TO CONGRESS ON JANUARY 12, 1976, INCREASING WILDERNESS ACREAGE 

TO 29,095 ACRES. THE 760 ADDITIONAL ACRES CONSISTED OF A PRIVATELY HELD 

MINERAL RIGHT ACQUIRED BY THE FEDERAL GOVERNMENT AND ADJACENT FEDERAL 

LANDS RESERVED TO ENSURE ACCESS TO THE MINERAL RIGHT. THESE LANDS ARE 

LOCATED IN THE PETRIFIED FOREST PLATEAU REGION OF THE PARK'S SOUTH UNIT. 

THE WILDERNESS RECOMMENDATION OF JANUARY 12, 1976, IS SHOWN ON THE MAP 

ENTITLED "WILDERNESS PLAN, THEODORE ROOSEVELT NATIONAL MEMORIAL PAPJ<," 

NUMBERED 387-20, 007-D, SHEETS 1 AND 2, DATED APRIL 1975. 



101 

YELLOWSTONE NATIONAL PARK 
WYOMING. MONTANA. AND IDAHO 

THE ORIGINAL WILDERNESS RECOMMENDATION FOR YELLOWSTONE NATIONAL 

PARK WAS SUBMITTED TO CONGRESS ON SEPTEMBER 21, 1972. THE PROPOSAL 

COMPRISED 2.016,181 ACRES OF IMMEDIATE WILDERNESS AND 6,040 ACRES OF 

POTENTIAL WILDERNESS ADDITIONS. THE POTENTIAL WILDERNESS TRACTS WERE 

SUBJECT TO MINERAL LEASES OWl^ED BY THE NORTHERN PACIFIC RAILROAD. 

SUBSEQUENTLY, THESE RIGHTS WERE DONATED BY THE RAILROAD TO THE FEDERAL 

GOVERNMENT AND A NEW PROPOSAL, CONSISTING OF 2,021,221 ACRES, WAS PRESENTED 

TO CONGRESS ON JANUARY 12, 1976. THIS WILDERNESS RECOMMENDATION IS 

SHOWN ON THE MAP ENTITLED, "WILDERNESS PLAN, YELLOWSTONE NATIONAL PAPJC," 

NUMBERED 101-20,005 A14D DATED JUNE 1973. 

YOSEMITE NATIONAL PARK 
CALIFORNIA 

ON SEPTEMBER 21, 1972, THE PRESIDENT RECOMMENDED TO THE CONGRESS 

THAT 646,700 ACRES BE DESIGNATED WILDERNESS AND THAT 121 ACRES BE DESIGNATED 

AS POTENTIAL WILDERNESS ADDITIONS. SINCE THEN, THE DEPARTMENT HAS 

DIRECTED A COMPREHENSIVE PL.\NNING EFFORT BE UNDERTAKEN TO GUIDE RESOURCE 

MANAGEMENT, DEVELOPMENT AND VISITOR USE WITHIN THE PARK. THIS EFFORT 

HAS UTILIZED A TREMENDOUS AMOUNT OF PUBLIC INVOLVEMENT. THE RESULTS OF 

THIS INVOLVEMENT WILL BE EXPRESSED IN A DRAFT PLAN TO BE MADE AVAILABLE 

TO THE PUBLIC NEXT SPRING. FOLLOWING A REVIEW OF COMMENTS RECEIVED ON 

THE DRAFT PLAN AND ITS ENVIRONMENTAL STATEMENT, A FINAL PLAN WILL BE 

DEVELOPED. WE EXPECT THE PUBLIC COMMENTS WILL SUGGEST ALTERATIONS IN 

THE EARLIER WILDERNESS REPORT. THEREFORE, WE RECOMMEND A DEFERRAL OF 

CONGRESSIONAL ACTION ON WILDERNESS DESIGNATION FOR YOSEMITE UNTIL TAE 

PLANNING EFFORT IS COMPLETED AND WE CAN REEVALUATE THE EARLIER RECOMMENDATION. 



102 

ZION NATIONAL PARK 
UTAH 

THE WILDERNESS RECOMMENDATION FOR ZION NATIONAL PARK WAS 
TRANSMITTED TO CONGRESS ON JUNE 13, 1974. THE PROPOSAL RECOMMENDED 
IMMEDIATE WILDERNESS DESIGNATION FOR SOME 120,620 ACRES OF THE PARK, 
WITH ANOTHER 9,040 ACRES AS POTENTIAL WILDERNESS ADDITIONS. THE AREAS 
RECOMMENDED AS POTENTIAL WILDERNESS ADDITIONS INCLUDE 3,100 ACRES OF 
PRIVATELY OTOED LANDS, 4,000 ACRES OF FEDERAL LAND SUBJECT TO LIFE- 
TENURE GRAZING USE, AND 1,940 ACRES OF FEDERAL LAND THROUGH WHICH ACCESS 
IS GAINED TO THE PRIVATE LANDS AITO LIFE-TENURE USE AREA. THIS WILDERNESS 
PROPOSAL IS SHOWN ON THE MAP ENTITLED "WILDERNESS PLAN, ZION NATIONAL 
PARK, "NUMBERED 116-20,002 AND DATED MARCH 1974. 



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106 

Rio Grande Wild and Scenic River, Texas 

The proposal is included in the r.:ay 23, 1977, Presidential 
Environmental r.^essage. No bill as yet • 

The draft bill would add 195.7 miles on the United 

States side of the river to the national system. Management 

by the National Park Service is recommended by the study. 

The Secretary will consult with the United States Commissioner 
of the International Boundary and .Vater Commission for the 
United States and Ivlexico, the State of Texas and the 
Secretary of State on the management plans for the river. 

The resource management area would include 9f600 acres, 
excluding lands in Big Bend ivational Park. 

1,950 acres private - fee simple title. 
5f500 acres private - less-than-fee or scenic easement. 
2,150 acres State Black Gap /Wildlife Management Area under 
cooperative agreement. 

The bill provides for $1,100,000 for land acquisition 
and $1,300,000 for development. 



Upper Mississippi Wild and Scenic River, Minnesota/ (S. 1697, H.R. 3855) 

S. 1697 and H.R. 3855 have the common purpose of amending the Wild and 
Scenic Rivers Act by designating portions of the Upper Mississippi River 
in Minnesota as a component of the National Wild and Scenic Rivers 
System. Some 353.3 miles of the 466 river miles running from Lake 
Itasca to the city limits of Anoka, Minnesota are proposed for designation. 
The distance would be covered by 12 segments of wild, scenic, and 
recreational river units, of which the upper ten (totaling 300.3 miles) 
would be administered by the Secretary of the Interior; the lower two 
(53 miles to be designated by the Secretary upon his approval of an 
application made by the Governor of Minnesota. By virtue of the great 
length of this proposed component, the river encompases many varied 
environments of exceptional beauty, ranging from the northern coniferous 
forest at the headwaters to the intermittent deciduous woodland-prairie 
setting to the south. In between are found numerous oxbows, rice lakes 
and grassy wetlands. 



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108 

Edgar Allen Poe National Historical Park, Pennsylvania 

This proposal would authorize the establishment of the Edgar Allen Poe 
National Historical Park. Further, it would authorize the Secretary of 
the Interior to acquire land by purchase or donation to be administered 
through the National Park Service. The intention is to recognize the 
literary importance of Edgar Allen Poe. The Secretary would establish 
the area by publication in the Federal Register after the lands had been 
acquired. 

The lands and buildings in Philadelphia, presently known as the Poe 
House complex, include the house at the rear of 530 North Seventh Street, 
the adjoining three-story brick residence on the front of the land 
backing up to and including the building at 532 North Seventh Street, 
and the north garden of approximately 7,080 square feet and the south 
garden of approximately 9,355 square feet. 

It Is not possible to provide accurate cost figures at this time. 
However, the National Park Service assumes the property would be donated 
eliminating the cost of acquisition. There have been no public statements, 



Jean Ixifitte national Historical Parle, Louisiana 

H.R, 8290 and 3. 1829 are identical bills to authorize 
the establishment of the Jean Lafitte national Historical 
Park. The park would consist of the Earatara Ilarsh Unit, 
an area of 23,700 acres south of Mew Orleans - Bic Oak 
Island Indian site - An interpretive and administrative 
facility in the French Quarter of liev; Orleans - the 
existing Chalmette i;ational Historical lark ?.nd 
additional natural, cultural and historical resources 
which will be subject to cooperative agreements. 

Hunting, trapping, fishing (including commercial fishing) 
v/ill be permitted in accordance with Federal and State laws. 

A 10 member Delta Regional Preservation Commission will be 
appointed by the Secretary, Governor and Chairman of the 
National Endov/ment for the Arts. 

A funding limitation of $500,000 will be placed on 
development. The bill does not set a land acquisition 
■ceiling. Land costs ase not available. 

The National Park Service completed a suitability/feasibility 
study in 1973 pursuant to authorization in the 1973 fiscal 
year Interior Appropriations Act (P.L. 92-369, August 10, 
1972). The study v/as at the request of Representative 
Hale Eoggs. 

The Department has taken no position on specific legislation 
nor is there a cleared position on the pending legislation. 



101) 

St. Paul's Church, New York 

The Committee on Interior and Insular Affairs made this proposal a part 
of an omnibus study bill, P.L. 94-518, which directs the . Secretary to 
perform a suitability/feasibility study to determine the costs and 
directs the Secretary to transmit the study to the Congress within 2 
years of the date of enactment. The National Park Service is in the 
process of preparing that study and plans to transmit the final study to 
the Congress no later than October 17, 1978. 



iJan Antonio .lioGJons rational Historical 1-ark, Texas 

}I.R. ^■2^■ and 3, II56 are identical bills which would 
authorize the establishment of the San Antonio .".issions 
1,'ational Historical Park. The park v/ould consist of 
four missions in the historic missions district of the 
city of 3an Antonio, Texas. The park v/ould include 
missions of 3an Jose, Concopcion, ispada, San Juan 
Capistrano, iispada Accquia along the east and v/est side 
of the San Antonio Ri'ver, and the iHspada Dam and Acqueduct. 
It would also authorize additional lands that the 
Secretary determines necessary for interpretation of the 
park. 

Lands ov/ned by the Catholic Archdiocese or political 
subdivision of the State v/ill be acquired by donation. 

Cost estimates include $20,000,000 for land acquisition 
and $25,000,000 for development and restoration. 

Senate hearings were held 1 in* September . The Department 
recommended deferral of the bill pending the National 
Heritage program. 



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OLD FAITHFUL INN - PURCHASE 

THE VENERABLE OLD FAITHFUL INN AT YELLOWSTONE NATIONAL 
PARK HAS FALLEN UPON HARD TIMES. THIS PROPOSAL WOULD 
PROVIDE FOR FEDERAL ACQUISITION AND REHABILITATION OF 
THE INN AT A COST OF $3 MILLION. 



Presidential Yacht Sequoia, Washington, D. C . 

The yacht "Sequoia" was originally built as a private vessel but has 
served as one of five officially designated Presidential yachts, a yacht 
for the Secretary of the Navy, and a Department of Commerce inspection 
ship. The vessel has been closely associated with United States Presidents 
from Herbert Hoover to Gerald Ford in a variety of capacities from 
personal recreation to official work sessions. Because of its national 
significance, it is eligib?.e for the National Register of Historic 
Places. As required by law, the sale of the ship contained several 
protective covenants to ensure the preservation of the yacht "Sequoia" 
when it was sold to Mr. Thomas Malloy of Cranston, Rhode Island, on 
May 18, 1977. Cost estimates for the acquisition of the yacht "Sequoia" 
are not available at this time. 



112 

PRESIDENTIAL HISTORIC SITES 

UNDER THIS PROPOSAL THE SECRETARY OF THE INTERIOR WOULD BE 
AUTHORIZED TO ESTABLISH HISTORIC SITES TO HONOR FORMER PRESIDENTS. 
THE SECRETARY WOULD BE AUTHORIZED TO PICK THE SITE AND PREPARE 
PLANS FOR THE ACQUISITION AND DEVELOPMENT OF THE SITE. THE 
HOUSE INTERIOR AND INSULAR AFFAIRS COMMITTEE AND THE SENATE ENERGY 
AND NATURAL RESOURCES COMMITTEE WOULD HAVE SIX MONTHS AFTER THE 
COMPLETION OF THE INITIAL PLANNING STAGE TO VETO ANY PROPOSAL 
BY MAJORITY VOTE OF EITHER COMMITTEE. IN THE ABSENCE OF A 
CONGRESSIONAL VETO, THE SECRETARY WOULD BE AUTHORIZED TO ACQUIRE 
AND DEVELOP THE SITE AND MANAGE IT AS A UNIT OF THE NATIONAL 
PARK SYJTEM. 



GENERAL ESCALATOR FOR DEVELOPMENT CEILINGS 

THIS PROPOSAL WOULD AUTOMATICALLY COVER THE FLUCTUATIONS IN 
CONSTRUCTION COSTS BY ALLOWING APPROVED DEVELOPMENT CEILINGS 
TO BE ADJUSTED FROM YEAR TO YEAR. GENERAL ENGINEERING COST 
INDEXES APPLICABLE TO THE TYPES OF CONSTRUCTION BEING 
UNDERTAKEN WOULD BE USED TO DETERMINE THE AMOUNT OF ADJUSTMENT 
NEEDED TO ACCOMPLISH THE WORK AUTHORIZED. 



113 
Golden Gate National Recreation Area •• Fees 



Golden Gate National Recreation Area has acquired three 
properties in v/hich businesses are conducted - two of 
them in recent months t they are Louis' Restaurant which 
is now operated under special use permit and the Haslett 
Warehouse v/hich was transferred earlier this year alon^^^ 
with its 98 tenants. The most recent acquisition is the 
Cliff House which is comprised of five separate tenants. 

Since the revenue generated by these concerns cannot be 
used for management or upkeep it taxes the operating 
funds of the National Park Service. The three businesses 
by mid-October v/ill have the potential for bringing in 
revenues of 3778,000 per annum. All of these revenues 
must be deposited in the General Treasury. Since the 
present use of these facilities are of an interim nature 
(pending preparation of the Park Service General r:?nagement 
Plan) there v/ill be a lapse of time during v;hich v;e must 
manage, maintain, repair and protect these structures in 
their present status without budgexted funds. 

In an effort to alleviate this problem and to come up 
with a more economical solution, legislation v;ill be 
propcs3d which will authorize tiie Secretary to ut51v/.« 
revenues derived from these three businesses for their 
management, maintenance, repair and protection. 

Present estimates of the cost for management, protection 
and general upkeep on three businesses is $595tOOO per 
year. This would leave a remainder of $183,000. 

One option for use of the $183,000 v/ould be to rehabilitate 
historic vessels at the Maritime Historic Park and the 
buildings at Fort Mason. 

The proposed legislation is not precedent setting. Public 
Law 92-3^7 (86 Stat. ^59), amending the Land and .Jater 
Conservation Fund Act, provides for the Park Service to 
directly utilize portions of fees collected to make improve- 
ments in parks, offer free shuttles, etc. The Act of 
October 26, I95I {6^ Stat. 6^4), provides for the operation, 
management, maintenance, and demolition of federally 
acquired properties following the acquisition of such 
properties and before their incorporation into Independence 
National Historical Park. 

This Act authorizes that funds received from leasing such 
properties shall be deposited to the credit of a special 
receipt account and expended for the purposes of operating, 
maintaining, and managing the said properties. The Act 
further authorizes the Secretary to enter into agreements 
or contracts with public or private agencies, corporations 
or persons to carry out such functions. 



114 

BRIEF EXPLANATORY REMARKS OF THE AUTHOR OF H.R. 12536 , 
HONORABLE PHILLIP BURTON 

H.R. 12536 is a lengthy and complex omnibus bill which combines a large 
number of separate issues which have been brought to the attention of the 
Subcomnittee on National Parks and Insular Affairs. In the past, many of the 
items represented in this omnibus bill such as the establishment of new units 
of the national park system have been handled in separate legislation. However, 
I believe that it is advantageous to use an omnibus approach in this instance, 
to assure that the committees of the Congress will have an opportunity to resolve 
many of the issues contained in this legislation which have lain too long before 
the Legislature. 

H.R. 12536 contains a large number of items which lend themselves to treatment 
in omnibus fashion. The numerous boundary changes and authorization increases 
for existing units of the national park system have, in most cases, been compiled 
through the offices of the National Park Service. By processing these items in an 
expeditious manner, the Congress can permit the agency to better manage the 
existing units of its system. These items account for the first three titles of 
the bill. 

Title 4 of the bill would designate portions of a number of existing national 
park system areas as wilderness. The Congress has a large backlog of these wilderness 
recommendations which have been completed by the Secretary of the Interior and 
are pending for action. Enactment of Title 4 will permit us to reduce this backlog 
and assure the full protection of the Wilderness Act will apply to these additional 
areas. 

Title 5 of the bill establishes a number of new units in the national park 
system. Establishment of these areas by the 95th Congress will insure their 
protection and permit the National Park Service to provide increased recreational 
opportunities in such important areas as the Santa Monica Mountains near Los Angeles, 



115 
- 2 - 

California. While the addition of these units will require additional effort on 
the part of the National Park Service to administer and protect these properties, 
I believe we must move rapidly to insure that these areas are not lost to us by 
delay. 

Title 5 would also establish a new category in the National Trails System 
labeled "National Historic Trails" and would designate additional national scenic 
trails. This is an important expansion of this decade-old legislation which is 
long overdue. 

Title 6 of H.R. 12536 contains a diverse number of provisions which came to 
the attention of our Subcommittee. In many cases, these are items which will simply 
permit more effective administering by the Secretary of the Interior of various 
program responsibilities. Also included, however, is a major program to assist 
local units of government to rehabilitate urban recreational facilities which have 
been made unusuable through past deterioration. We should make this commitment to 
assist these areas at the earliest possible date in order to provide decent 
recreational opportunitites for many of our citizens that live in an urban environment, 

Title 7 of this measure would make the largest additions to the Wild and 
Scenic Rivers System since its inception in 1968. Several new components of the 
Wild and Scenic Rivers System would be designated, including the Delaware River, 
thus precluding construction of the Tocks Island Dam. Our unspoiled rivers are 
a diminishing resource in this nation and we must act quickly and decisively to 
protect these priceless resources before our opportunities are lost. Title 7 
would also provide for formal studies of additional potential components of the 
Wild and Scenic Rivers System so that future Congresses will have the needed 
information to make informed decisions on these additional resources. In addition 
to providing increased funding for several existing components of the Wild and 
Scenic Rivers System, Title 7 also includes generic amendments to the 1968 Act 
which are intended to assist in the expansion of the Wild and Scenic Rivers System 



116 

- 3 - 

and to encourage state governments to participate in this program. 

H.R. 12536 is unique in our jurisdiction in the number of issues which it 
addresses and in the scope of resources which it seeks to protect. I believe that 
it is a vehicle which is worthy of our attention and approval if we are to fulfill 
our responsibilities in the Congress to expand our recreation systems in the nation, 

Legislation of this magnitude would not be possible to contemplate without 
the initiative and diligent efforts of many Representatives and Senators with 
respect to provisions which affect both their own states and on which they have 
expended their time and effort. Without their support and diligence, H.R. 12536 
could not be considered by the 95th Congress. 



117 



95th congress 
2d Session 



H. R. 12536 



IN THE HOUSE OF REPRESENTATIVES 

May 3, 1978 

Mr. PHiixrp BrRTf)X ( for himself. Mr. Udall, Mr. Sebelics, Mr. K.\stexmeier. 
Mr. Bingham, Mr. Won Pat, Mr. de Lugo, Mr. BmoN, Mr. Tsongas, Mr. 
Florio, Mr. ^fATHis, Mr. Krebs, Mr. Lagomarsino, Mr. KosTiiAVER, Mr. 
CoRR.\DA, Mr. MrRPHY of Pennsylvania, Mr. Heftel. Mr. Seiberlixg. 
Mr. Kazen', Mr. Weaver, Mr. Miller of California, Mr. Beilenson, and 
Mr. Vexto) introduced the following bill; nvhich was referred to the 
Committee on Interior and Insular Affairs 



A BILL 

To provide for increa.«5es in appropriations ceilings, develop- 
ment ceilings, land acquisition, and boundarj- changes in 
certain Federal park and recreation areas, and for other 
purposes. 

1 Be it enacted by the Senate and House of Representa- 

2 tives of the United States of America in Congress assembled, 

3 SHORT TITLE AND TABLE OF CONTEXTS 

4 Section 1. This Act may be cited a,«! the "National 

5 Parks and Recreation Act of 1978". 

TABLE OF CONTENTS 

Sec. 1. Short title and table of contents. 

Sec. 2. Definition. 

Sec. .3. Authorization of appropriations. 

I— O 



118 



TABLE OF CONTENTS— Continued 
TITLE I— DEVELOPMENT CEILING INCREASES 
Sec. 101. Specific increases. 

Agate Fossil Beds National Monument. 

Andersonville National Historic Site. 

Andrew Johnson National Historic Site. 

Biscayne National Monument. 

Canaveral National Seashore. 

Cape Lookout National Seashore. 

Capitol Reef National Park. 

Carl Sandburg Home National Historic Site. 

Channel Islands National Monument. 

Chesapeake and Ohio Canal National Historical Park. 

Cowpens National Battleground Site. 

DeSoto National Memorial. 

Fort Bowie National Historic Site. 

Frederick Douglass Home, District of Columbia. 

Grant Kohrs Ranch National Historic Site. 

Guadalupe Mountains National Park. 

Gulf Islands National Seashore. 

Harper's Ferry National Lakeshore. 

Hubbell Trading Post National Historic Site. 

Indiana Dunes National Lakeshore. 

John Muir National Historic Site. 

Historical events in Kansas. 

Lands in Prince Georges and Charles Counties, Maryland. 

Longfellow National Historic Site. 

Pecos National Monument. 

Perry's Victory and International Peace Memorial. 

Redwood National Park. 

San Juan Island National Park. 

Sitka National Monument. 

Statute of Liberty National Monument. 

Thaddeus Kosciuszko Home National Historic Site. 

Tuskegee Institute National Historic Site. 

Whiskeytown-Shasta-Trinity National Recreation Area. 

William Howard Taft National Historic Site. 

Wilson's Creek National Battlefield. 

TITLE II— ACQUISITION CEILING INCREASES 

Sec. 201. Acquisition ceilings. 

Apostle Islands National Lakeshore. 

Big Cypress National Pieserve. 

Buffalo National River. 

Cumberland Island National Seashore. 
Sec. 202. Sawtooth National Recreation Area. 

TITLE III— BOUNDARY CHANGES 

Sec. 301. Revision of boundaries. 

Bent's Old Fort National Historic Site. 
Chiricahaua National Monument. 
Coronado National Memorial. 
Eisenhower National Historic Site. 
Fort Caroline National Memorial. 



119 



8 

TABLE OF CONTENTS— Continued 

George Washin^on Hirthplace National Monument. 

Great Sand Dunes National Monument. 

Gulf Islands National Seashore. 

Hawaii Volcanoes National Park. 

John Day Fossil Beds. 

Monocacy National Battlefield. 

Montezuma Castle National Monument. 

Oregon Caves National Monument. 

Tumacacori National Monument. 

Tuzigoot National Monument. 

White Sands National Monument. 

William Howard Taft National Historic Site. 

Wind Cave National Park. 
Sec. 302. Maps and descriptions. 
Sec. 303. Acquisition and disposal of lands. 
Sec. 304. Other authorities. 

Sec. 30."). Name change ; City of Refuge National Historic Park. 
Sec. 306. lilack Hammock Island. 

Sec. 307. Allegheny Portage Railroad National Historic Site and Johns- 
town National Memorial. 
Sec. 308. Fort Laramie National Historic Site. 
Sec. 309. Fort Union Trading Post National Historic Site. 
Sec. 310. Addition of Dorchester Heights to the Boston National His- 
torical Park. 
Sec. 311. Addition of Sailors Snug Harbor to Gateway National Recrea- 
tion Area. 
.Sec. 312. Adams Natio)ial Historic Site. Massachusetts. 
Sec. .■>l:». Addition of Kppes Manor to Petersburg National Battlefield. 
Sec. 314. Addition of Mineral King Valley to Sequoia National Park. 
Sec. 31."t. Cuyahoga Valley National Recreation Area. 
Sec. 31(!. Delaware Water Gap National Recreation Area. 
Sec. 317. Golden Gate National Recreation Area. 
Sec. 318. Point Reyes National Seashore. 
Sec. 319. Antietam National Battlefield. 

Sec. 320. Chesapeake and Ohio Canal National Historical Park. 
Sec. 321. Virgin Islands National Park. 

Sec. 322. Alibates Flint Quarries and Te.\as Panhandle Pueblo Culture 
National Monument. 

TITLE IV— WILDERNESS 

Sec. 401. Designation of areas. 

Sec. 402. Map and description. 

Sec. 403. Cessation of certain uses. 

Sec. 404. Administration. 

Sec. 40.5. Wilderness management plans. 

TITLE V— ESTABLISHMENT OF NEW AREAS AND 
ADDITIONS TO NATIONAL TRAILS SYSTEM 

Subtitle A 

Sec. 501. Guam National Seashore. 

Sec. 502. War in the Pacific National Historical Park. 

Sec. 503. Pine Barrens Area, New Jersey. 



120 



TABLE OF CONTENTS— Continued 

Sec. 504. Edgar Allan Poe National Historic Site. 

Sec. 505. San Antonio Missions National Historical Park. 

Sec. 506. Saint Paul's Church, Eastchester. 

Sec. 507. Kaloko-Honokohau National Historical Park. 

Sec. 508. American Memorial Park. 

Sec. 509. Palo Alto Battlefield National Historic Site. 

■Sec. 510. Santa Monica Mountains National Recreation Area. 

Subtitle B 

Sec. 551. Mormon Pioneer National Historic Trail. 
Sec. 552. Overmountain Men Victory Trail. 
Sec. 553. Continental Divide Trail. 
Sec. 554. North Country National Scenic Trail. 
Sec. 555. Authorization of appropriations. 

TITLE VI— MISCELLANEOUS PROVISIONS 

Sec. 601. Old Faithful Inn at Yellowstone National Park. 

Sec. 602. Yacht Sequoia. 

Sec. 603. Ridgelands Area study. 

Sec. 604. Pennsylvania Avenue Development Corporation. 

Sec. 605. Preservation of historical and archaeological data. 

Sec. 606. HistoricSitesfor Presidents and Speakers of the House. 

Sec. 607. Potential park studies. 

Sec. 608. Studies and management plans. 

Sec. 609. Oak Creek Canyon and Chiricahua National Monument studies. 

Sec. 610. Appropriate agency procedures. 

Sec. 611. Date change. 

Sec. 612. Recreation programs. 

Sec. 613. Hells Canyon National Recreation Area. 

TITLE VII— WILD AND SCENIC RIVERS ACT AMENDMENTS 

Subtitle A — Addition of Segments 

Sec. 701. Addition of Pere Marquette Segment. 

Sec. 702. Addition of Rio Grande Segment. 

Sec. 703. Addition of Skagit Segments. 

Sec. 704. Addition of L'^^pper Mississippi Segments. 

Sec. 705. Addition of Upper Delaware Segment; special provisions. 

Sec. 706. Addition of Middle Delaware Segment. 

Sec. 707. Addition of American Segment. 

Sec. 708. Addition of Missouri Segment. 

Subtitle B— Studies 

Sec. 721. Designationof Gila River, New Mexico for study. 
Sec. 722. Designationof Kern River (North Fork) for study. 



Sec. 723. Designat 
Sec. 724. Designat: 
Sec. 725. Designat 
Sec. 726. Designat 



tion of Shenandoah River for study. 

tion of Ijoxahatchee River for study. 

tion of Ogcechee River for study. 

ion of certain segment of tlie Salt River for study. 
Sec. 727. Designationof the Gila River (Arizona) for study. 
Sec. 728. Designation of the Verde River for study. 
Sec. 729. Designationof the San Francisco River for study. 



121 



5 

TABLE OF CONTENTS— Continued 

Sec. 730. Designation of Fisli ('leok for study. 

Sec. 731. Designation of IJlack Creek for study. 

Sec. 732. Designation of tlic Slieopscott River for study. 

Sec. 733. Designation of tlie Cacapon River for study. 

Sec. 734. Designation of the Niobrara River for study. 

Sec. 735. Designation of the Madison River for study. 

Sec. 736. Designation of the Escatawpa River for study. 

Sec. 737. Designation of tlie Myakka River for study. 

Sec. 738. Authorization for studies. 

Sec. 739. Study period. 

Subtitle C — Authorizations for Funding 

Sec. 751. Eleven Point River. 
Sec. 752. Rogue River. 
Sec. 753. Saint Croix River. 
Sec. 754. Salmon River. 
Sec. 755. Chattooga River. 

Subtitle D — Amendments to Public Law 90-542 

Sec. 761. Technical amendments. 

Sec. 762. Federal lands ; cooperative agreements. 

Sec. 763. Exchange of State lands. 

Sec. 764. Lease of Federal lands. 

Sec. 765. Study of federally owned rivers. 

Sec. 766. Miscellaneous technical amendments. 

Sec. 767. Amendments regarding certain complementary authorities. 

1 DEFINITION 

2 Sec. 2, As used in this Act, except as otherwise specif- 

3 ically provided, the term "Secretary'" means the Secretary 

4 of the Interior. 

5 AUTHORIZATION OF APPROPRIATIONS 

6 Sec, 3. Authorizations of moneys to be appropriated 

7 under this Act shall be effective on October 1, 197'8. Xot- 

8 withstanding any other provision of this Act, authority to 

9 enter into contracts, to incur obUgations, or to make pay- 

10 ments under this Act shall be effective only to the extent, 

11 and in such amounts, as are provided in advance in appropria- 

12 tion Acts. 



122 

6 

1 TITLE I— DEVELOPMENT CEILING INCREASES 

2 SPECIFIC INCREASES 

3 Sec 101. The limitations on funds for development 

4 within certain units of the National Park System and affil- 

5 iated areas are amended as follows: 

6 (1) Agate Fossil Beds National Monument, Ne- 

7 braska: Section 4 of the Act of June 5, 1965 (79 

8 Stat. 123), is amended by changing "$1,842,000" to 

9 "$2,012,000". 

10 (2) Anderson ville National Historic Site, Georgia: 

11 Section 4 of the Act of October 16, 1970 (84 Stat. 

12 989), is amended by changing "$1,605,000" to "$2,- 

13 205,000", and by changing " (March 1969 prices) " to 

14 " (Octol)er 1978 prices) ". 

15 (3) Andrew Johnson National Historic Site, Ten- 

16 uossoe: Section 3 of the Act of December 11, 1963 (77 

17 Stat. 350) is amended by changing "$266,000" to 

18 "$286,000". 

19 (4) Biscayne National Monument, Florida: Sec- 

20 tion 5 of the Act of October 18, 1968 (82 Stat. 1188) , 

21 is amended by changing "$2,900,000" to "$6,565,000". 

22 (5) Canaveral National Seashore, Florida: Section 

23 9(b) of the Act of January 3, 1975 (88 Stat. 2121, 

24 2125) is amended by changing "$500,000" to 

25 "$1,900,000". 



1 



123 

1 

(6) Cape Lookout National Seashore, North Caro- 

2 lina: Section 8 of the Act of March 10, 1966 (80 Stat. 

3 33) as amended by the Act of October 26, 1974 (88 

4 Stat. 1445) is amended by changing "$2,935,000" to 

5 "$4,935,000". 

6 (7) Capitol Reef National Park, Utah: Section 7 

7 of the Act of December 18, 1971 (85 Stat. 739), is 

8 amended by changing "$1,052,700" to "$1,373,000". 

9 (8) Carl Sandburg Home National Historic Site, 

10 North Carolina: Section 3 of the Act of October 17, 

11 1968 (82 Stat. 1154) , is amended by changing "$952,- 

12 000" to "$1,962,000". 

13 (9) Channel Islands National Monument, Califor- 

14 nia: Section 201(1) of the Act of October 26, 1974 

15 (8P. Stat. 1445, 1446) is amended by changing "$5,- 
H) 452,000" to "$6,332,000". 

17 (10) Chesapeake and Ohio Canal National His- 

18 torical Park, Maryland-District of Columbia-West Vir- 

19 ginia: Section 8 (b) of the Act of January 8, 1971 (94 

20 Stat. 1978), is amended by changing "$17,000,000 

21 (1970 prices)" to "$20,000,000 (October 1978 

22 prices) ". 

23 (11) Cowpens National Battleground Site, South 

24 Carolina: Section 402 of the Act of April 11, 1972 (86 



38-854 O - 79 - 9 



124 

8 

1 Stat. 120) , is amended by changing "$3,108,000" to 

2 "$5,108,000". 

3 (12) De Soto National Memorial, Florida: Section 

4 3 of the Act of March 11, 1948 (62 Stat. 78), is 

5 amended by changing "$175,000" to "$292,000". 

6 (13) Fort Bowie National Historic Site, Arizona: 

7 Section 4 of the Act of August 30, 1964 (78 Stat. 681 ) , 

8 is amended by changing "$550,000" to "$1,168,000". 

9 (14) Frederick Douglass Home, District of Colum- 

10 bia: Section 4 of the Act of September 5, 1962 (76 

11 Stat. 435), is amended by changing "$413,000" to 

12 "$1,350,000". 

13 (15) Grant Kohrs Eanch National Historic Site, 

14 Montana: Section 4 of the Act of August 25, 1972 

15 (86 Stat. 632) , is amended by changing "$1,800,000" 

16 to "$2,075,000". 

17 (16) Guadalupe Mountains National Park, Texas: 

18 Section 6 of the Act of October 15, 1966 (80 Stat. 

19 920), is amended by changing "$10,362,000" to 

20 "$24,715,000". 

21 (17) Gulf Islands National Seashore, Florida- 

22 Mississippi: Section 11 of the Act of January 8, 1971 

23 (84 Stat. 1967) , is amended by changing "$17,774,- 

24 000" to "$25,224,000", and by deleting the phrase 



1 



125 

9 

"(June 1970 prices)" and inserting in lieu thereof 

2 "(October 1978 prices)". 

3 (18) Harper's Ferry National Historical Park, 

4 Maryland-West Virginia: Section 4 of the Act of June 

5 30, 1944 (58 Stat. 645) , is amended further by chang- 

6 ing "$8,690,000" to "$14,385,000". 

7 (19) Hubbell Trading Post National Historic Site, 

8 Arizona: Section 3 of the Act of August 28, 1965 (79 

9 Stat. 584), is amended by changing "$952,000" to 

10 "$977,000". 

11 (20) Indiana Dunes National Lakeshore, Indiana: 

12 Section 10 of the Act of November 5, 1966 (80 Stat. 

13 1312), is amended by changing "$8,500,000" to 

14 $9,440,000". 

15 (21) John Muir National Historic Site, California: 

16 Section 3 of the Act of August 31, 1964 (78 Stat. 

17 753), is amended by striking out "$300,000 for land 
1^ acquisition and restoration of the buildings thereon." 

19 and inserting in Ueu thereof "$2,409,000 for land ac- 

20 quisition and development.". 

21 (22) To commemorate certain historical events 

22 in the State of Kansas: Section 4 of the Act of Au- 

23 gust 31, 1965 (79 Stat. 588), is amended by changing 
"$2,000,000" to "$2,750,000". 



24 



126 

10 

1 (23) For the preservation and protection of certain 

2 lands in Prince Georges and Charles Counties, Mary- 

3 land: Section 4 of the joint resolution of October 4, 

4 1961 (75 Stat. 783) is amended by inserting ''(a)" 

5 after '*Sec. 4." and by adding the following new sub- 

6 section (b) at the end thereof : 

7 " (b) In addition to such other sums as have been ap- 

8 propriated for such purposes, there is authorized $1,300,000 

9 for planning, site rehabilitation and development.". 

10 (24) Longfellow National Historic Site, Massa- 

11 chusetts: Section 4 of the Act of October 9, 1972 (86 

12 Stat. 791), is amended by changing "$586,000 (May 

13 1971 prices)" to "$662,000 (October 1978 prices)". 

14 (25) Pecos National Monument, New Mexico: Sec- 

15 tion 3 of the Act of June 28, 1965 (79 Stat. 195), 

16 is amended by changing "$500,000" to "$2,375,000". 

17 (26) Perry's Victory and International Peace Me- 

18 morial, Ohio: Section 4 of the Act of October 26, 1972 

19 (86 Stat. 1181) , is amended by changing "$5,177,000" 

20 to "$9,327,000". 

21 (27) Redwood National Park, California: Section 

22 10 of the Act of October 2, 1968 (82 Stat. 934), is 

23 amended by adding the following at the end thereof: 
"There are hereby authorized to be appropriated 



24 
25 



$5,000,000 for development of the park established 



127 

11 

1 under this Act; such amount shall be in addition to other 

2 amounts available for such purposes.". 

3 (28) San Juan Island National Park, Washing- 

4 ton: Section 4 of the Act of September 9, 1966 (80 

5 Stat. 737), is amended by changing "$3,542,000" to 

6 "$5,575,000". 

7 (29) Sitka National Monument, Alaska: Section 3 

8 of the Act of October 18, 1972 (86 Stat. 904), is 

9 amended by changing "$691,000" to "$1,571,000". 

10 (30) Statue of Liberty National Monument, New 

11 York-New Jersey: Section 1 of the joint resolution of 

12 August 17, 1965 (79 Stat. 543) , is amended by chang- 

13 ing "$6,000,000" to "$34,000,000". 

14 • (31) Thaddeus Kosciuszko Home National Historic 

15 Site, Pennsydvania : Section 3 of the Act of October 21, 

16 1972 (86 Stat. 1046), is amended by changing 

17 "$592,000" to "$742,000". 

18 (32) Tuskegee Institute National Historic Site, 

19 Alabama: Section 104(e) of the Act of October 26, 

20 1974 (88 Stat. 1463), is amended by changing "$2,- 

21 722,000" to "$2,862,000". 

22 (33) Whiskeytown-Shasta-Trinity National Rec- 

23 reation Area, California: Section 10 of the Act of No- 

24 vember 8, 1965 (79 Stat. 1295) , is amended by chang- 

25 ing "$22,700,000" to "$24,649,000". 



128 

12 

1 (34) William Howard Taft National Historic Site, 

2 Ohio: Section 3 of the Act of December 2, 1969 (83 

3 Stat. 273), is amended by changing '-$318,000" to 

4 "$1,888,000". 

5 (35) Wilson's Creek National Battlefield, Missouri: 

6 Section 3 of the Act of December 16, 1970 (74 Stat. 

7 76), is amended by changing "$2,285,000" to "$5,- 

8 640,000". 

9 TITLE II— ACQUISITION CEILING INCREASES 

10 ACQUISITION CEILINGS 

11 Sec. 201. The limitations on appropriations for the 

12 acquisition of lands and interests therein within certain 

13 units of the national park system are amended as follows: 
-'-'* (1) Apostle Islands National Lakeshore, Wiscon- 
1^ sin: Section 8 of the Act of September 26, 1970 (84 
^^ Stat. 880) is amended by changing "$4,250,000" to 

^'^ "$5,750,000". 

18 

(2) Big Cypress National Preserve, Florida: Sec- 

^^ tion 8 of the Act of October 11, 1974 (88 Stat. 1258) , 

^^ is amended by changing "$116,000,000" to "$156,- 

^^ 700,000". 

22 

(3) Buffalo National River, Arkansas: Section 7 

of the Act of March 1, 1972 (86 Stat. 44) , is amended 

94. 

by changing "$30,071,500" to "$39,948,000". 



129 

13 

1 (4) Cumberland Island National Seashore, Geor- 

2 gia: Section 10 of the Act of October 23, 1972 (86 

3 Stat. 1066), is amended by changing "$10,500,000" 

4 to "$28,500,000". 

5 SAWTOOTH NATIONAL RECREATION AREA 

6 Sec. 202. Section 13 of the Act of August 22, 1972 

7 (86 Stat. 612), is amended by changing "$19,802,000" 

8 to "$47,802,000". 

9 TITLE III— BOUNDARY CHANGES 

10 REVISION OF BOUNDARIES 

11 Sec. 301. The Secretary is authorized to revise the 

12 boundaries of the following units of the National Park Sys- 

13 tern and there are authorized to be appropriat-ed not in 

14 excess of the amounts specified in the following paragraphs 
I^ for acquisition of lands and interests in lands within areas 
1^ added by reason of such revisions : 

1'^ (1) Bent's Old Fort National Historic Site, Colo- 

1° rado: To add approximately six hundred and twenty- 

1^ two acres south of the Arkansas River, and 

^^ approximately one hundred and twenty acres north of 

21 the Arkansas River as generally depicted on the map 

22 entitled "Boundary Map, Bent's Old Fort National 

23 Historic Site, Colorado", numbered 417-80,007, and 

24 dated June 1976: $842,000. 



130 

14 

1 (2) Chiricahua National Monument, Arizona: To 

2 add approximately four hundred and forty acres as gen- 

3 erally depicted on the map entitled "Boundary Map, 

4 Chiricahua National Monument, Arizona", numbered 

5 145-80,002, and dated August 1977: $294,000. 

6 (3) Ooronado National Memorial, Arizona: To add 

7 approximately three thousand and forty acres and delete 

8 approximately twelve hundred acres as generally de- 

9 picted on the map entitled "Land Status Map 01, Coro- 

10 nado National Memorial, Cochise County, Arizona", 

11 numbered 8630/80,001, and dated October 1977: 

12 $1,410,000. 

13 (4) Eisenhower National Historic Site, Pennsyl- 

14 vania: To add .•ii)proximately one hundred ninety-four 

15 and eighty-throe one hundredths acres as generally de- 

16 picted on the ni;ii» entitlt'd "Boundary Map, Eisenhower 

17 National Historic Site, Adams County, Pennsylvania", 

18 numbered 446^(),00lB, and dated April 1978: 

19 $166,000. 

20 (5) Fort Carolme National Memorial, Florida: To 

21 add approximately eleven and fifty-seven and one-hun- 

22 dredths acres as generally depicted on the map entitled 

23 "Boundary' Map, Fort Caroline National Memorial, 

24 Florida", numbered 5310/80,000-A, and dated April 

25 1978: $235,000. 



131 

15 

2 (6) George Washington Birthplace National Monu- 

2 ment, Virginia: To add approximately one thousand 

3 sixty-four and seventy-four one-hundredths acres as gen- 

4 erally depicted on the map entitled "Boundary Map, 

5 George Washington Birthplace National Monument", 

6 numbered 332-20,00(>-A, and dated May 1975: 

7 $2,800,000. 

8 (7) Great Sand Dunes National Monument, Colo- 

9 rado: To add approxima;tely one thousand one hundred 

10 and nine acres as generally depicted on the map entitled 

11 "Boundary Map, Great Sand Dunes National Monu- 

12 ment, Colorado", numbered 140-80001-A, and dated 

13 November 1974: $166,000. 

14 (8) Gulf Islands National Seashore, Mississippi- 

15 Florida: To add approximately six hundred acres as 

16 generally depicted on the map entitled "Boundary 
1'^ Map, (iulf Island National Seashore, Mississippi- 

18 Florida", numbered 20,006, and dated April 1978: 

19 $300,000. 

20 ( 9 ) Hawaii Volcanoes National Park, Hawaii : To 

21 add approximately two hundred sixtj'-nine acres as gen- 

22 erally depicted on the rnap entitled "Boundary Map, 

23 Hawaii Volcanoes National Park, Hawaii", numbered 

24 80,000, and dated August 1975 : . 



132 

16 

1 (10) John Day Fossil Beds National Monument, 

2 Oregon: to add approximately one thousand four 

3 hundred and eleven acres, and to delete approximately 

4 one thousand six hundred and twenty acres as generally 

5 depicted on the map entitled "Boundary Map, John Day 

6 Fossil Beds National Monument, Oregon", numbered 

7 NM-JDFB-20,014r-B, and dated May 1977: $3,500,- 

8 000. The Act of October 26, 1974 (88 Stat. 1461), 

9 which designates the John Day Fossil Beds National 

10 Monument is amended by deleting the second proviso of 

11 section 101 (a) (2).' 

12 (11) Monocacy National Battlefield, Maryland: 

13 To add approximately five hundred and eighty-seven 

14 acres as generally depicted on the map entitled 

15 ", numbered , and dated : 

16 $3,500,000. 

17 (12) Montezuma Castle National Monument, Ari- 

18 zona : To add approximately thirteen acres, and to delete 

19 approximately five acres as generally depicted on the 

20 map entitled "Montezuma Castle National Monument, 

21 Arizona", numbered 20,006, and dated April 1978. 

22 (13) Oregon Caves National Monument, Oregon: 

23 To add approximately feight acres as generally depicted 

24 on the map entitled "Oregon Cave, Oregon", numbered 

25 20,000, and dated April 1978 : $107,000. 



133 

17 

1 (14) Tiunacacori National Monument, Arizona: To 

2 add approximately seven acres, and delete approxi- 

3 mately eleven-hundredths of an acre as generally de- 

4 picted on the map entitled *'Boimdar}^ Map, Tiimacacori 

5 National Monument, Arizona", numbered 311-80,009- 

6 A, and dated March 1978 : $24,000. 

7 (15) (A) Tuzigoot National Monument, Arizona: 

8 To add approximately seven hundred and fifty-one acres 

9 as generally depicted on the map entitled "Master Pro- 

10 posal, Tuzigoot National Moniunent", numbered 378- 

11 30,000D, and dated January 1973 : $1,350,000. 

12 (B) The Secretari' is authorized to acquire by dona- 

13 tion, purchase with donated or appropriated fimds, ex- 

14 change or otherwise and subject to such terms, reserva- 

15 tions, conditions applied to the acquired lands as he may 

16 deem satisfactory, the lands and interests in lands that 

17 are included within the boundaries of the Tuzigoot Na- 

18 tional Monument as revised by this paragraph. When so 

19 acquired, they shall be administered in accordance with 

20 provisions of law generally applicable to units of the 

21 national park system, including the Act of August 25, 

22 1916 (39 Stat. 535). 

23 (C) In exercising his authority to acquire such 

24 lands and interest in lands by exchange, the Secretary 

25 may accept title to any non-Federal property within 



134 

18 

1 the boundaries of the national monument and in ex- 

2 change therefor he may convey to the grantor of such 

3 property any federally owned property under his juris- 

4 diction in the State of Arizona. The values of the proper- 

5 ties so exchanged either shall be approximately equal, 

6 or if they are not approximately equal the values shall 

7 be equalized by the payment of cash to the grantor or 

8 to the Secretary as the circumstances require. 

9 (16) White Sands National Monument, New Mex- 

10 ico: To add approximately three hundred and twenty 

11 acres, and delete approximately seven hundred and sixty 

12 acres as generally depicted on the map entitled "Bound- 

13 ary Map, White Sands National Monument, New Mex- 

14 ico", numbered 142/20,010-A, and dated November 

15 1973. 

16 (17) William Howard Taft National Historic Site, 

17 Ohio: To add approximately one acre as generally de- 

18 picted on the map entitled "Boundary Map, William 

19 Howard Taft National Historic Site, Ohio", numbered 

20 448-40,021, and dated January 1977. 

21 (18) Wind Cave National Park, South Dakota: 

22 To add approximately two hundred and twenty-eight 

23 acres as generally depicted on the map entitled "Bound- 

24 ary Map, Wind Cave National Park, South Dakota", 

25 numbered 108-80,008, and dated July 1977 : $227,000. 



135 
19 

1 MAPS AND DESCRIPTIONS 

2 Sec. 302. Within six months after the date of the 

3 enactment of this Act, the Secretary shall pubUsh in the 

4 Federal Register a detailed map or other detailed description 

5 of the lands added or excluded from any area pursuant to 

6 section 301. 

7 ACQUISITION AND DISPOSAL OF LANDS 

8 Sec. 303, (a) Within the boundaries of the areas as 

9 revised in accordance with section 301, the Secretary is 

10 authorized to acquire lands and interests therein by donation, 

11 purchase with donated or appropriated funds, exchange, or 

12 transfer from any other Federal agency. Lands and interests 

13 therein so acquired shall become part of the area to which 

14 they are added, and shall be subjected to all laws, rules, and 

15 regulations applicable thereto. When acquiring any land 

16 pursuant to this Act, the Secretary may acquire any such 

17 land subject to the retention of a right of use and occupancy 

18 for a term not to exceed twenty-five years or for the life of 

19 the owner or owners. 

20 (b) (1) Lands and interests therein deleted from any 

21 area pursuant to section 301 may be exchanged for non- 
22 Federal lands within the revised boundaries of such area, or 
23 transferred to the jurisdiction of any other Federal agency 
^ or to a State or political subdivision thereof, without mone- 
2^ tary consideration, as the Secretary may deem appropriate. 



136 

20 

1 (2) In exercising the authority contained in this sec- 

2 tion with respect to lands and interest therein deleted from 

3 any such area which were acquired from a State, the Sec- 

4 retary may, on behalf of the United States, transfer to such 

5 State exclusive or concurrent legislative jurisdiction over 

6 such lands, subject to such terms and conditions as he may 

7 deem appropriate, to be effective upon acceptance thereof by 

8 the State. 

9 OTHER AUTHORITIES 

10 Sec. 304. The authorities in this title are supplementary 

11 to any other authorities available to the Secretary with re- 

12 spect to the acquisition, development, and administration of 

13 the areas referred to in section 301. 

14 NAME change; city of refuge national historic 

15 PARK 

16 Sec. 305. The Act of July 26, 1955 (69 Stat. 376) is 
V^ hereby amended to redesignate the City of Refuge National 

18 Historical Park as the Puuhonua o Honaunaai National His- 

19 torical Park. 

20 BLACK HAMMOCK ISLAND 

21 Sec. 306. The lot on Black Hammock Island, identified 

22 by warranty deed numbered 70-56903, recorded among the 

23 land records of Duval County, Florida, on November 23, 

24 1970, owned by the Government, shall, pursuant to the Act 

25 of December 18, 1967 (81 Stat. 656; 16 U.S.C. 19g, 19h) , 



137 

21 

2 be deeded to the National Park Foundation to be sold at fair 

2 market value. The proceeds of such sale shall be remitted to 

3 the National Park Service for land acquisition and develop- 

4 ment of the Fort Caroline National Memorial. 

5 ALLEGHENY PORTAGE RAILROAD NATIONAL HISTORIC SITE 

6 AND JOHNSTOWN FLOOD NATIONAL MEMORIAL 

7 Sec. 307. (a) The Secretary is authorized to revise the 

8 boundaries of the Allegheny Portage Railroad National His- 

9 toric Site and the Johnstown Flood National Memorial in 

10 Pennsylvania to add approximately five hundred and twenty- 

11 six acres and sixty-seven acres. Sections 302 and 303 shall 

12 be applicable to such boundary revision and acquisition. 

13 (b) In addition to amounts otherwise available for such 

14 purposes there are authorized to be appropriated such sums, 

15 but not more than $2,743,000, for land acquisition and $4,- 

16 280,000 development to carry out the purposes of this 

17 section. 

18 FORT LARAMIE NATIONAL HISTORIC SITE 

19 Sec. 308. (a) The first section of the Act entitled "An 

20 Act to revise the boundaries and change the name of the 

21 Fort Laramie National Monument, Wyoming, and for other 

22 purposes", approved April 29, 1960 (74 Stat. 83), is 

23 amended to read as follows : "That in order to preserve the 

24 sites of historic buildings and roads associated with Fort 

25 Laramie, the boundaries of the Fort Laramie National His- 



138 

22 

1 toric Site shall hereafter comprise the area generally depicted 

2 on the map entitled 'Boundary Map, Fort Laramie National 

3 Historic Site', numbered 375-90,001, and dated Septem- 

4 ber 1977. The map shall be on file and available for public 

5 inspection in the office of the National Park Service, Depart- 

6 ment of the Interior". 

7 (b) The first sentence of section 2 of such Act is 

8 amended by inserting between the words "boundary" and 

9 "described" the phrase "as depicted on the map.". 

10 FOET UNION TRADING POST NATIONAL HISTORIC SITE 

11 Sec. 309. (a) The first section of the Act entitled "An 

12 Act to authorize establishment of the Fort Union Trading 

13 Post National Historic Site, North Dakota and Montana, 

14 and for other purposes", approved June 20, 1966 (80 Stat. 

15 211) , is amended by deleting "located in Williams County, 

16 North Dakota, and such additional lands and interests in 

17 land in Williams County, North Dakota, and Roosevelt 

18 County, Montana," and inserting in lieu thereof "located in 

19 the States of North Dakota and Montana," and by deleting 

20 "400 acres" and inserting in heu thereof "570 acres" as 

21 generally depicted on the map entitled "Fort Union Trading 

22 Post, Montana-North Dakota", numbered 436-80,025, and 

23 dated February 1977. 

24 (b) Section 4 of such Act is amended by deleting 



139 

23 

1 "$613,000" and inserting in lieu thereof "$623,000 for the 

2 acquisition of lands and $4,489,000 for development". 

3 ADDITION OF DORCHESTER HEIGHTS TO THE} BOSTON 

4 NATIONAL HISTORICAL PARK 

5 Sec. 310. (a) Section 2(a) of the Boston National 

6 Historical Park Act of 1974 ( Stat. ) is amended— 

7 (1) in paragraph (6) by striking out *'and" at the 

8 end thereof ; 

9 (2) in paragraph (7) by striking out the period 

10 and inserting in lieu thereof " ; and " ; and 

11 (3) by inserting at the end thereof the following 

12 new paragraph) : 

13 "(8) Dorchester Heights, Boston.". 

14 (b) Section 3 (a) of such Act is amended — 

15 (1) in paragraph (3) by inserting "and" after 

16 the semicolon ; 

17 (2) by striking out "(4) ])orchester Heights; 

18 and" ; and 

19 (3) by striking out "(5)" and inserting in lieu 

20 thereof " (4) ". 

21 (c) There are authorized to be appropriated such sums 

22 as may be necessary for the acquisition of lands or interests 

23 in lands designated by the amendment made by subsection 

24 (a) as a component of the Boston National Historical Park, 

25 and for the development of such component. 



38-854 O - 79 - 10 



140 
24 

1 ADDITION OF SAILOES SNUG HAEBOE TO GATEWAY 

2 NATIONAL EECEEATION AREA 

3 Sec, 311. (a) The property known as Sailors Snug 

4 Harbor consisting of approximately eighty acres, located 

5 in and owned by the city of New York, shall be included 

6 in, and be administered as, part of the Gateway National 

7 Recreation Area. 

8 (b) The Secretary of the Interior is authorized to enter 

9 in cooperative agreements with the city of New York and 

10 the Snug Harbor Cultural Center, Incorporated, to provide 

11 protection and operational assistance for the area designated 

12 under subsection (a). 

13 (c) The provisions of this section shall take effect only 

14 upon donation by the city of New York to the United 

15 States of the property referred to in subsection (a). 

16 ADAMS NATIONAL HISTOEIC SITE, MASSACHUSETTS 

17 Sec. 312. (a) In order to preserve for the benefit, edu- 

18 cation, and inspiration of present and future generations the 

19 birthplaces of John Adams and John Quincy Adams, the 

20 Secretary is authorized to accept the conveyance, without 

21 monetaiy consideration, of the property known as the John 

22 Adams Birthplace at 133 Franklin Street, and tlie property 

23 known as the John Quincy Adams Birthplace at 141 Fmnk- 

24 lin Street, in Quincy, Massachusetts, together with such 

25 adjacent real property as may be desirable, for administra- 



141 

25 

1 tion as part of the Adams National Historic Site in Quincy, 

2 Massachusetts. Together with, or following such convey- 

3 ance, the Secretary is authorized to accept the conveyance, 

4 without monetary consideration, or furnishings and personal 

5 property relating to such birthplaces, after consultation with 

6 appropriate officials of the city of Quincy and with the owner 

7 or owners of such furnishings and personal property. 

8 (b) The Secretary shall administer the properties ac- 

9 quired pursuant to the first section of this Act as part of the 

10 Adams National Historic Site in accordance with this section 

11 and the provisions of law generally applicable to national 

12 historic sites, including the Act of August 25, 1916 (39 Stat. 

13 535) , and the Act of August 21, 1935 (49 Stat. 666) . 

14 ADDITION OF EPPES MANOR TO PETEESBUEO NATIONAL 

15 BATTLEFIELD 

16 Sec. 313. (a) The Secretary is authorized to acquire 

17 not more than twenty and four-tenths acres, which shall in- 

18 elude th"e historic Eppes Manor, and such other lands adja- 

19 cent thereto as he deems necessary, for addition to the Peters- 

20 burg National Battlefield, as generally depicted on the map 

21 entitled "Petersburg National Battlefield, Virginia", num- 

22 bered 32-002-B, and dated May 1978. 

23 (b) There are hereby authorized to be appropriated not 

24 to exceed $ to carry out the purposes 

25 of this section. 



142 
26 

1 ADDITION OP MINEEAi KING VALLEY TO SEQUOIA 

2 NATIONAL PARK 

3 Sec. 314. (a) It is the purpose of this section to— 

4 ( 1 ) assure the presei-vation for this and future gen- 

5 erations of the outstanding natural and scenic features 

6 of the area commonly known as the Mineral King Val- 

7 ley and previously designated as the Sequoia National 

8 Game Refuge and 

9 (2) to enhance the ecological values and public 
10 enjoyment of such area by adding such area to the Se- 
ll quoia National Park. 

12 (b) (1) In order to add to the Sequoia National Park 

13 (hereinafter in this section referred to as the "park") a 

14 certain area known as Mineral King Valley possessing 

15 unique natural and scenic values, there is hereby established 

16 as part of such park all lands, waters, and interests therein, 

17 constituting approximately sixteen thousand two hundred 

18 acres designated before the date of the enactment of this Act 

19 as the Sequoia National Game Refuge and as depicted on 

20 the drawing entitled "Boundary Map, Sequoia-Kings Canyon 

21 National Park", numbered 102-90,000 and dated April 

22 1975. A copy of such drawing shall be on file and available 

23 for public inspection in the office of the Director, National 

24 Park Service, Department of the Interior. After advising the 

25 Committee on Interior and Insular Affairs of the United 



143 

27 

1 States House of Representatives and the Committee on 

2 Energy and National Resources ot tlie United States Senate 

3 in wTiting, the Secretary is authorized to make minor revi- 

4 sions of the boundaries of the park when necessary by pub- 

5 lication of a revised drawing or other boundary description 

6 in the Federal Register. 

7 (2) The Sequoia National Game Refuge is hereby 

8 abolished and the Secretary of Agriculture shall transfer, 

9 without consideration, to the administrative jurisdiction of 

10 the Secretary, the area constituting such refuge, and any 

11 unexpended funds available for purposes of management of 

12 the refuge shall be available for purposes of management of 

13 the park. 

14 (c) (1) Within the boundaries of the area added to the 

15 park ])ursuant to this section, the Secretary may acquire 

16 lands and interests in lands by donation, purchase with 

17 donated or appropriated funds, exchange, or transfer from 

18 other Federal departments or agencies. 

19 (2) Where the private use of any property acquired 

20 pursuant to this subsection would, in the judgment of the 

21 Secretary, be compatible with the purposes of this section, 

22 the Secretar}^ may, as a condition of such acquisition, per- 

23 mit the owner or owners of such property to retain for 

24 themselves and their successors or assigns rights of use and 

25 occupancy. Such rights of use and occupancy shall be for 



144 

28 

2 not more than twenty-five years or for a term ending at 

2 the death of the owner or his or her spouse, whichever is 

3 later. The owner shall reserve such rights and elect the term 

4 to be reserved on the date of acquisition of the property. 

5 Except for so much of the property as is donated, the 

6 Secretary shall pay to the owner the fair market value of 

7 the property on the date of its acquisition, less the fair 

8 market value on that date of the right retained by the owner. 

9 (3) A right of use and occupancy retained pursuant 

10 to paragraph (2) may be temiinated by the Secretary upon 

11 his determination that the i)roperty or any portion thereof 

12 is being used in a manner which is incompatible with the 

13 purposes of this section. Such right shall terminate by opera- 

14 tion of law upon notification by the Secretary to the holder 

15 of the right of such determination and tendering to him 

16 the amount equal to the fair market value of that portion 

17 which remains unexpired as of the date of such tender. 

18 In the case of any property which was used for noncom- 

19 mercial purposes during the ten calendar years immediately 

20 preceding the enactment of this Act, the commercial use 

21 of such property subsequent to the enactment of this Act 

22 shall be treated as incompatible with the purposes of this 

23 section. In the case of any property which was used for 

24 commercial purposes at any time during the ten calendar 

25 years immediately preceding the enactment of this Act, 



145 

29 

1 any substantial chancre or ex])ansion of such commercial 

2 use subsequent to the enactment of this Act without the 

3 express approval of the Secretary shall be treated as in- 

4 compatible with such purposes. 

5 (4) In exercisino: his authority to acquire property 

6 under this section, the Secretary shall give prompt and 

7 careful consideration to any offer made by an individual 

8 owning property within tiic ])ark to sell such property if 

9 such individual notifies the Secretary that the continued 

10 ownership of such property is causing, or would result in, 

11 undue hardship. Nothing in this section, or in any other 

12 provision of law. shall prevent the Secretary from exercising 

13 his authority t<» acfjuire property referred to in this subsec- 

14 tion at any time after the date of the enactment of this Act. 

15 (5) If any individual tract or parcel of land acquired 

16 is partly inside and partly outside the boundaries of the park 

17 the Secrctaiy may, in order to minimize the payment of 

18 severance damages, acquire the whole of the tract or parcel. 

19 (6) If the management plan prepared under subsection 

20 (e) provides for improved access to the area added to the 

21 park under this section, the Secretary' is authorized to ac- 

22 quire, by donation, purchase with donated or appropriated 

23 funds, exchange or transfer from other Federal departments 

24 or agencies, the area comprising the road from Stat€ Route 

25 198 to, and within, the Mineral King Valley togetlier -with 



146 

30 

2 a right-of-way for such road of a width sufficient to include 

2 improvements to the road and all bridges, ditches, cuts, and 

3 fiills appurtenant thereto, but not exceeding a maximum 

4 average width of two hundred feet. No property may be 

5 acquired under this paragraph from a State or political sub- 

6 division thereof without the consent of the State or political 

7 subdivision, as the case may be. With regard to routes of 

8 access to and within the Mineral King Valley, the Secretary 

9 shall take such measures as are necessary to protect against 

10 the effects of siltation on the ecosystem of the park. 

11 (7) The Secretary shall report to the committees of 

12 the Congress named in subsection (b) (1) the action taken 

13 by him pursuant to this subsection. Such report shall con- 

14 tain information sufficient to inform such committees of — 

15 (A) the acquisitions made by him pursuant to 

16 this subsection during the period covered by such 

17 report; 

18 (B) his reasons why all of such property author- 

19 ized to be acquired and not so acquired as of the date 

20 of such report, if any, have not been acquired; and 

21 (C) his schedule of a timetable for the acquisition 

22 of such property referred to in subparagraph (B) , 

23 Such report shall be submitted before the expiration of the 

24 second fiscal year beginning after the date on which the 



147 

31 

1 comprehensive management plan is submitted to the com- 

2 mittees of Congress pursuant to subsection (e) . 

3 (d) (1) The area added to the park b}^ this section 

4 shall be administered in accordance with this Act and the 

5 provisions of law generally applicable to units of the na- 

6 tional park system including the Act of August 25, 1916 (39 

7 Stat. 535; 16 U.S.C. and following) and the Act of Septem- 

8 ber 25, 1890 (16 Stat. 478; 16 U.S.C. 41 and following). 

9 Any other statutory authority available to the Secretary for 

10 the conservation and management of wildlife, wildHfe habi- 

11 tat, and natural resources may be utilized to the extent he 

12 finds such authority will further the purposes of this section. 
.13 (2) (A) Except in the case of a lease or permit which 

14 the Secretary determines to be incompatible with the admin- 

15 istration of the park pursuant to this section, any lease or 

16 permit on Federal land within the area added to the park 

17 under this section which is in effect immediately before the 

18 enactment of this Act shall continue in effect pursuant to its 

19 terms and conditions following the expansion of the park 

20 under this section. 

21 (B) In the case of a lease or permit which is continued 

22 under subparagraph (A) , upon notice to the Secretary by 

23 the le^ee or permittee of his intention to seek renewal or 

24 extension of such lease or permit, the lease or permit shall 

25 be reviewed by the Secretary, and may be renewed or ex- 



148 

32 

1 tended for an additional period of five years. Any such lease 

2 or permit shall be reviewed at the end of such renewal or 

3 extension period and may also be renewed or extended in 

4 the same manner for additional five-year periods thereafter. 

5 Any renewals or extensions of leases or permits shall be 

6 granted only to those persons wiho were lessees or permittees 

7 of record on the date of enactment of this Act, and any such 

8 lease or permit shall provide that the lease or permit may 

9 be terminated by the Secretary at any time if the Secretary 

10 determines that such lease or permit is incompatible with the 

11 administration of the park pursuant to this section or that 

12 the land is needed for park purposes. 

13 (3) The Act of December 14, 1974 (88 Stat. 1660) is 

14 amended by inserting the following new section after section 

15 4: 

16 "Sec. 5. Notwithstanding any other provision of law, 

17 any federally owned lands incorporated within the bound- 

18 aries of Sequoia National Park subsequent to the date of 

19 enactment of this Act, which entail project works, develop- 

20 ments, lands, or facilities which are components of Federal 

21 Power Commission Project Numbered 298, shall be subject 

22 to all provisions of this Act.". 

23 (e) (1) Within two years from the date of enactment 

24 of this Act, the Secretary, in cooperation with the State of 

25 California, shall develop and submit to the Committee on 



149 

33 

2 Interior and Insular Affairs of the United States House 

2 of Representatives and the Committte on Energy and Nat- 

3 ural Resources of the United States Senate, a compre- 

4 hensive management plan for the area added to the park un- 

5 der this section. In the preparation of such plan, the Secre- 

6 tary shall give appropriate consideration to the need for the 

7 development of additional recreational opportunities and 

8 other public uses which are consistent with sound environ- 

9 mental management of the area and the policies of the Na- 

10 tional Park Service. 

11 (2) (A) In preparing the comprehensive management 

12 plan required by this subsection and in preparing any subse- 

13 quent revision of such plan, the Secretary shall provide for 

14 full public participation and shall consider the comments 

15 and views of all interested agencies, organizations, and 

16 individuals. 

17 ( B ) For purposes of insuring such full public participa- 

18 tion, the Secretary shall provide reasonable advance notice 

19 to State and local governments, interested Federal agen- 

20 cies, private organizations, and the general public of hear- 

21 ings, workshops, meetings, and other opportunities available 

22 for such participation. Such notice shall be published in 

23 newspapers of general circulation in the localities affected 

24 by the development and management of the park, published 

25 in the Federal Register, and communicated by other ap- 



150 

34 

1 propriate means. The Western Regional Advisory Com- 

2 mittee of the National Park Service (or a subcommittee 

3 thereof) shall also be utilized for purposes of facihtating 

4 public involvement. 

5 (0) The Secretaries or Directors of all Federal depart- 

6 ments, agencies, and commissions having a relevant expertise 

7 are hereby authorized and directed to cooperate with the 

8 Secretary in his development of such plan and to make such 

9 studies as the Secretary may request on a cost reimbursable 

10 basis. 

11 (D) In preparing the comprehensive management plan 

12 required by 'this subsection, the Secretary shall consider tech- 

13 nical information and other pertinent data assembled or 

14 produced by field situdies or investigations conducted separ- 

15 ately or jointly by the technical and administrative personnel 

16 of the Federal and State agencies involved in order to insure 

17 the permanent conservation of wildlife within the area added 

18 to the park by this section. Except in emergencies, rules 

19 and regulations pertaining to the management of wildlife 

20 within the area added to the park by this section shall be 

21 put into effect only after consultation with the State of 

22 California. 

23 (f ) There are hereby authorized to be appropriated such 

24 sums as may be necessary for the acquisition of land and 

25 interests therein under subsection (a) . 



151 

35 

1 (g) Effective upon the transfer referred to in subsec- 

2 tion (b)(2), Public Law 85-648 (7"2 Stat. 604; 16 U.S.C. 

3 45a-3) and section 6 of the Act of July 3, 1926 (44 Stat. 

4 821; 16 U.S.€. 688) are hereby repealed. The repeal of 

5 such section 6 shall not be construed to prohibit or prevent 

6 the Secretary from exercising any authority applicable to 

7 the national parks respecting the protection of birds, game, 

8 or other wild animals. 

9 CUYAHOGA VALLEY NATIONAL RECREATION AREA 

10 Sec. 315. (a) Section 2 (a) of the Act of Decem'ber 27, 

11 1974 entitled "An Act to provide for the establishment of 

12 the Cuyahoga Valley National Recreation Area" (88 Stat. 

13 1784) is amended by striking out ''Boundary Map, Cuya- 

14 hoga Valley National Recreation Area, Ohio, numbered 

15 90,000-A, and dated September 1976," and inserting in 

16 lieu thereof "Boundary Map, Cuyahoga Valley National 

17 Recreation Area, Ohio, numbered 644-90,003, and dated 

18 May 1978,". 

19 (b) Section 6(a) of such Act is amended by striking 

20 out "$41,100,000" and inserting in lieu thereof "$70,100,- 

21 OOO", and by inserting the following after the period at the 

22 end thereof: "Notwithstanding any other provision of law, 

23 funds appropriated pursuant to this subsection may be ex- 

24 pended for demolition of structures for the purposes of this 

25 Act.". 



152 

36 

1 (c) The first sentence of section 6 (b) of such Act is 

2 amended to read as follows: "For the development of the 

3 recreation area, including improvements of properties ac- 

4 quired for purposes of this Act, there is authorized to be 

5 appropriated not more than $26,000,000". 

6 (d) Section 2 (e) of such Act is amended by adding 

7 the following at the end thereof: "In applying this subsec- 

8 tion with respect to lands and interests therein added to the 

9 recreation area by subsection (a) of section 315 of the Na- 

10 tional Parks and Recreation Act of 1978 the date 'Janu- 

11 ary 1, 1978,' shall he substituted for the date 'January 1, 

12 1975,' in each place it appears.". 

13 (e) Section 4 (f ) of such Act is amended by inserting 
1- " (or intergovernmental agency) " after "local government" 

15 in each place it appears and by adding the following new 

16 sentence at the end thereof: "Assistance under this subsec- 

17 tion may include payments for technical aid.". 

18 DELAWAEE WATEE GAP NATIONAL EECEEATION AEEA 

19 Sec. 316. Section 2 (a) of the Act entitled "An Act 

20 to authorize establishment of the Delaware Water Gap 

21 National Recreation Area, and for other purposes", ap- 

22 proved September 1, 1965 (79 Stat. 612) is amended by 

23 adding the following at the end thereof: "Beginning on the 

24 date of the enactment of the National Parks and Recreation 

25 Act of 1978, the Secretary of the Interior is authorized to 



153 

37 

1 acquire for purposes of the recreation area established under 

2 this Act all lands and interests therein within the exterior 

3 boundaries of the area depicted on the drawing referred to 

4 in this subsection (including any lands within such exterior 

5 boundaries designated for acquisition by the Secretary of the 

6 Army in connection with the project referred to in this sub- 

7 section) . In exercising such authority, the Secretary of the 

8 Interior may permit the retention of rights of use and oc- 

9 cupancy in the same manner as provided in the case of ac- 

10 quisitions by the Secretary of the Army under subsection 

11 (d). On the date of enactment of the National Parks and 

12 Recreation Act of 1978, the acquisition authorities of the 

13 Secretary of the Army contained in this subsection shall 

14 terminate and the Secretary of the Army shall transfer 
1^ to the Secretary of the Interior jurisdiction over all lands 
^^ and interests therein acquired by him under the authority 
^"^ of this Act, the Flood Control Act of 1962, or under any 
^^ other authonty of law which lands are within the exterior 

19 boundaries of the area depicted on the drawing referred to 

20 in this subsection. In carrying out his acquisition authority 

21 under this section the Secretary shall give priority to the 

22 following : 

23 " ( 1 ) completion of acquisition of lands for which 
2* condemnation proceedings have been started pursuant 



154 

38 

1 to the authorization of the project referred to in this 

2 subsection ; 

3 "(2) acquisition of lands of beneficial owners, not 

4 being a corporation, who in the judgment of the Secre- 

5 tary would suffer hardship if acquisition of their lands 

6 were delayed; 

7 " (3) .acquisition of lands on which, in the judgment 

8 of the Secretary, there is an imminent danger of develop- 

9 ment that would be incompatible with the purposes of 

10 the recreation area; 

11 ** (4) acquisition of lands of beneficial owners, not 

12 being a corporation, who are willing to sell their lands 

13 provided they are able to continue to use it for non- 
14 commercial residential purposes for a limited period of 

15 time which will not, in the judgment of the Secretary, 

16 unduly interfere with the development of public use 

17 facilities for such national recreation area, pursuant to 

18 the authorization for such area; 

19 " (5) acquisition of scenic easements when, in the 

20 judgment of the Secretary, such easements are sufficient 

21 to cany out the purposes for which such national recrea- 

22 tion area was authorized; and 

23 " (6) acquisition of lands necessary to preserve the 

24 integrity of the recreation area.". 



155 



1 GOLDEN GATE NATIONAL RECREATION AREA 

2 Sec. 317. (a) Section 2 (a) of the Act of October 27, 

3 1972 (86 Stat. 1299) , is amended to read as follows: 

4 " (a) The recreation area shall comprise the lands, 

5 waters, and submerged lands generally depicted on the map 

6 entitled "Second Revised Boundary Map, Golden Gate Na- 

7 tional Recreation Area", numbered and dated 
8 

9 (b) Section 3 (i) of such Act is amended to read as 

10 follows : 

11 " (i) New construction and development within the 

12 boundaries described in section 2 (a) on lands under the 

13 administrative jurisdiction of a department other than that of 

14 the Secretary is prohibited, except that improvements on 

15 knds which have not been transferred to his administrative 

16 jurisdiction may be reconstructed or demolished. Any such 

17 structure which is demoHshed may be replaced with an im- 

18 provement of similar size with the permission of the Secre- 

19 tary or his designated representative who prior to his decision 

20 shall conduct a public hearing at a location within the area, 

21 notice of which shall be given at least one week prior to the 

22 date thereof.". 

23 (c) Section 3(j) of such Act is amended to read as 

24 follows : 



38-854 O - 79 - II 



156 

40 

1 "(j) The owner of improved residential property or 

2 of preferred agricultural property on the date of its acquisi- 

3 tion by the Secretary under this Act may, as a condition of 

4 such acquisition, retain for himself and his heirs and assigns 

5 a right of use and occupancy for a definite term of not more 

6 than twenty-five years, or, in lieu thereof, for a term ending 

7 at the death of the owner or the death of his or her spouse, 

8 whichever is later. The owner shall elect the term to be 

9 reserved. In the case of preferred agricultural property the 

10 Secretary may withhold such portions of land or obtain 

11 easements or other rights as are necessary for park pur- 

12 poses. Unless the property is wholly or partly donated to 

13 the United States, the Secretary shall pay to the owner 

14 the fair market value of the property on the date of acquisi- 

15 tion minus the fair market value on the date of the right 

16 retained by the owner. A right retained pursuant to this 
1*^ section shall be subject to termination by the Secretary 
1® upon his determination that it is being exercised in a 

19 manner inconsistent with the purpose of this Act, and it 

20 shall terminate by operation of law upon the Secretary's 

21 notifying the holder of the right of such determination and 
2^ tendering to him an amount equal to the fair market value 
2^ of that portion of the right which remains unexpired.". 
^ (d) Section 3(k) of such Act is amended to read as 
25 follows : 



157 

41 

1 "(k) (1) The term 'improved property' as used in sub- 

2 section (j), means a detached, noncommercial residential 

3 dwelling, the construction of which was begun before Janu- 

4 ary 1, 1978, together with land on which the dwelling is 

5 situated which is in the same ownership as the dwelling and 

6 which the Secretary designates to be reasonably necessary 

7 for the enjoyment of the dwelling for the sole purpose non- 

8 commercial residental use, together with any structures 

9 accessory to the dwelling which are situated on the land so 

10 designated. 

11 "(2) The term 'preferred agricultural property' as 

12 used in subsection (j) means lands in the 'Preferred Agri- 

1^ cultural Zone' on map numbered , dated 

14 

1^ (e) Section 3 of such Act is amended by adding at the 

1^ end thereof the following : 

^' " {n) Property in areas designated as 'Existing Use' 

^° on map numbered , dated , excluding 

1^ that land or interest therein required to provide access for 

20 purposes of the recreation area, shall not be acquired without 

21 the consent of the owner, so long as it remains in its natural 

99 • • ... 

state, or is used exclusively for ranching, dairying, or agri- 

9Q 

cultural purposes, including improvements directly incident 
thereto. In acquiring access across such parcels the Secretarj^ 
shall give due consideration to existing ranching, dairying. 



158 

42 

1 and agricultural uses, and shall not unnecessarily interfere 

2 vsdth such uses.". 

3 (f) Section 3 of such Act is amended by adding the 

4 following at the end thereof : 

5 " (o) The Secretary shall accept and shall manage in 

6 accordance with this Act, any land and improvements 

7 adjacent to the recreation area which are donated by the 

8 State of California or its political subdivisions. The bound- 

9 aries of the recreation area shall be changed to include such 

10 donated lands.". 

11 (g) Section 4 of such Act is amended by adding the 

12 following at the end thereof : 

13 " (f ) No fees or admission charges shall be levied for 

14 admission of the general public to the recreation area except 

15 to portions under lease or permit for a particular and limited 

16 purpose authorized by the Secretary. The Secretary may 
1*7 authorize reasonable charges for pubHc transportation and, 

18 for a period not exceeding five years from the date of enact- 

19 ment of this legislation, for admission to the sailing vessel 

20 Balclutha.". 

21 (h) Section 5 of such Act is amended by adding the 

22 following new subsection at the end thereof : 

23 "(h) The Commission shall form a committee of six 

24 residents of the Bolinas area and a member of the Commis- 
2^ sion who shall serve as chairman. The committee shall advise 



159 

48 

1 the Commission on matters of direct concern to the Bolinas 

2 area in administering the recreation area including visitor 

3 access, vehicular use, and visitor facilities.". 

4 POINT REYES NATIONAL SEASHORE 

5 Sec. 318. (a) Section 2 of the Act of September 13, 

6 1962 (76 Stat. 538; 16 U.S.C. 459c-l) is amended by 

7 adding the following new subsections at the end thereof: 

8 "(c) The Point Reyes National Seashore shall also 

9 include the lands, waters, and submerged lands generally 

10 depicted on the map entitled "Boundary Map, 1978 Addi- 

11 tions to the Point Reyes National Seashore", numbered 

12 and dated 

13 " (d) The maps referred to in this section shall be on 
I'i file and available for public inspection in the OflBces of the 

15 National Park Service, Department of the Interior, Wash- 

16 ington. District of Columbia. After advising the Committee 
1'7 on Interior and Insular Affairs of the United States House 

18 of Representatives and the Committee on Energy and Na- 

19 tural Resources of the United States Senate in writing, the 

20 Secretarj'^ may make minor revisions of the boundaries of 

21 the Point Reyes National Seashore when necessary by pub- 

22 lication of a revised drawing or other boundary description 

23 in the Federal Register.". 

24 (b) Section 5 of such Act is amended to read as follows: 



160 

44 

1 "Sec, 5. (a) The owner of improved residential prop- 

2 erty or of preferred agricultural property on the date of its 

3 acquisition by the Secretary under this Act may, as a condi- 

4 tion of such acquisition, retain for himself and his heirs and 

5 assigns a right of use and occupancy for a definite term of 

6 not more than twenty-five years, or, in lieu thereof, for a 

7 term ending at the death of the owner or the death of his 

8 spouse, whichever is later. The owners shaU elect the term 

9 to be reserved. In the case of preferred agricultural prop- 

10 erty the Seci^etary may withhold such portions of land or 

11 obtain easements or other rights as are necessary for park 

12 purposes. Unless the property is wholly or partly donated 
lb to the United States, the Secretary shall pay to the owner 

14 the fair market value of the property on the date of acquisi- 

15 tion minus the fair market value on the date of the right 

16 retained by the owner. A right retained pursuant to this sec- 

17 tion shall be subject to termination by the Secretary upon 

18 his determination that it is being exercised in a manner in- 

19 consistent with the purpose of this Act, and it shall terminate 

20 by operation of law upon the Secretary's notifying the holder 

21 of the right of such determination and tendering to him an 

22 amount equal to the fair market value of that portion of the 

23 right which remains unexpired. 

24 "(b) (1) The term 'improved property' as used in 

25 subsection (a) , means a detached, noncommercial residen- 



161 

4ft 

1 tial dwelling, the construction of which was begun before 

2 January' 1, 1978, together with so much of the land on 

3 which the dwelling is situated, the said land being in the 

4 same ownership as the dwelling, as the Secretary shall 

5 designate to be reasonably necessary for the enjoyment of 

6 the dwelling for the sole purpose of noncommercial residen- 

7 tial use, together with any structures accessory to the 

8 dwelling which are situated on the land so designated. 

9 " (2) The term 'preferred agricultural property' as used 

10 in sul)section (a) means lands in the 'Preferred Agricultural 

11 Zone' as depicted on map numbered , dat€d 

12 "(c) Whenever an owner of property elects to retain a 

13 right of use and occupancy as provided in the Act, such 

14 owner shall be deemed to have waived any benefits or rights 

15 accruing under sections 203, 204, 205, and 206 of the Uni- 

16 form Relocation Assistance and Real Property Acquisition 

17 Policies Act of 1970 (84 Stat. 1894) , and for the purposes 

18 of those sections such owner shall not be considered a dis- 

19 placed person as defined in section 101 (6) of that Act. 

20 "(d) Notwithstanding any other provision of law, the 

21 Secretary shall have the same authority with respect to 

22 contracts for the acquisition of land and interests in land 

23 for the purposes of this Act as was given the Secretary 
2^ of the Treasury for other land acquisitions by section 34 of 
^ the Act of May 30, 1908, relating to purchase of sites for 



162 

46 

2 public buildings (35 Stat. 545), and the Secretary and 

2 the owner of land to be acquired under this Act may agree 

3 that the purchase price will be paid in periodic installments 

4 over a period that does not exceed ten years, with interest 

5 on the unpaid balance thereof at a rate which is not in 

6 excess of the current average market yield on outstanding 

7 marketable obligations of the United States with remaining 

8 periods to maturity comparable to the average maturities 

9 on the installments. Judgments against the United States 

10 for amounts in excess of the deposit in court made in con- 

11 demnation actions shall be subject to the provisions of the 

12 Act of July 27, 1956 (70 Stat. 624) and sections 2414 

13 and 2517 of title 28, United States Code. 

14 "(e) Property' in areas designated as 'Existing Use' 

15 on map numbered j and dated ^ 

16 excluding that land or interest therein required to provide 

17 access for purposes of the recreation area, shall not be 

18 acquired without the consent of the owner, so long as it 

19 remains in its natural state, or is used exclusively for ranch- 

20 ing, dairying, or agricultural purposes, including improve- 

21 ments directly related thereto. In acquiring such parcels 

22 the Secretary shall give due consideration to existing ranch- 

23 ing, dairying, and agricultural uses, and shall not unnec- 

24 essarily interfere with such uses.". 



163 

47 

2 (c) Section 8 of such Act is renumbered section 9 

2 and the following new section is inserted after section 7: 

3 "Sec. 8. (a) The Secretary shall administer the lands 

4 comprising the Bolinas Mesa to assure that they shall con- 

5 tinue to be used for agricultural purposes and open space. 

6 "(b) The Secretary shall limit visitor access to pedes- 

7 trians and protect the town of Bolinas from vehicular traffic to 

8 the seashore. 

9 "(c) Notwithstanding other pro\asions of law or other 

10 sections of this Act, the Secretarj^ shall for a reasonable 

11 annual payment, grant existing owners or lessees of land 

12 used exclusively for agricultural purposes including ranch- 

13 ing and dair}'ing, permits of continued use for a period 

14 of ten years with an option for renewal for an equal period, 

15 each option exercised shall c&rry with it an additional 

16 option for renewal. 

17 "(d) The Secretary shall assure that the area is main- 

18 tained in agricultural use and may revoke any permit 

19 where the land ceases to be so used. 

20 "(e) The Secretary- may set aside lands for trails, for 

21 necessary maintenance facilities and for public water supplies 

22 but otherwise shall give first consideration to existing agri- 

23 cultural uses and shall not unnecessarily interfere with or 

24 damage such use. 



164 

48 

2 "(f) The Secretary shall grant to the Bolinas Public 

2 Utilities District permanent use and occupancy of such lands 

3 as the district now or in the future determines are required to 

4 assure adequate fresh water supplies to local residents.". 

5 ANTIETAM NATIONAL BATTLEFIELD 

Q Sec. 319. (a) In furtherance of the purposes of the Act 

7 entitled "An Act to provide for the protection and preserva- 

8 tion of the Antietam Battlefield in the State of Maryland", 

9 approved April 22, 1960 (74 Stat. 79) , and other Acts rela- 

10 tive thereto, the Secretary is hereby authorized to acquire, 

11 interests in additional lands as generally depicted on the map 

12 entitled "Boundary Map Antietam Battlefield, Washington 

13 County, Maryland," numbered 302-4000 and dated 1977. 

14 The acquisition of such interests in land shall be limited to 

15 scenic easements only. 

16 (b) The Antietam National Battlefield Site established 

17 pursuant to such Act of April 22, 1960, including lands ac- 

18 quired by the Secretary pursuant to subsection (a) of this 

19 section, is hereby redesignated the "Antietam National Bat- 

20 tlefield". The boundaries of such battlefield are hereby 

21 revised to include the area generally depicted on the map en- 

22 titled, "Boundaiy Map Antietam National Battlefield, Wash- 

23 ington County, Maryland", numbered 302-80,005 A, dated 

24 June 1977, which shall be on file and available for public 



165 

49 

1 inspection in the offices of the National Park Service, De- 

2 partment of the Interior. 

3 CHESAPEAKE AND OHIO CANAL NATIONAL HISTORITCAL 

4 PARK 

5 Sec. 320. (a) Section 8(b) of the Act of Janiiar>' 8, 

6 1971 (84 Stat. 1978) is amended by changing "$20,400,- 

7 000" to "$28,400,000". 

8 (b) For development of the Chesapeake and Ohio Canal 

9 National Historical Park, in addition to amounts otherwise 

10 available for such purposes, there is authorized to be appro- 

11 priated $5,000,000. 

12 (c) The boundaries of the Chesapeake and Ohio Canal 

13 National Historical Park are revised to include approxi- 

14 mately 600 additional areas, as generally depicted on the 

15 map entitled " ", numbered , and 

16 dated 

^'^ \TEGIN ISLANDS NATIONAL PAEK 

18 Sec. 321. (a) (1) The first paragraph of section 1 of 

19 the Act of October 5, 1962 (76 Stat. 746; 16 U.S.C. 398c) , 

20 is amended by adding a comma after the words "adjoining 

21 lands, submerged lands, and waters" and inserting "and 

22 Hassel Island located in Saint Thomas Harbor and adjoining 

23 lands, submerged lands and waters,". 

2* (2) Such section 1 is further amended by inserting 

25 immediately before the last paragraph, the following: 



166 

50 

1 "Hassel Island 

2 "The area known as Hassel Island in Saint Thomas 

3 Harbor consisting of approximately one hundred and thirty- 

4 five acres, together with such adjoining lands, submerged 

5 lands, and waters as the Secretary of the Interior deems 

6 appropriate, Ijut the boundaries shall not, in any event, ex- 

7 tend beyond one hundred yards from the mean high water 

8 mark of the island.". 

9 (b) Section 2 of such Act is amended by — 

10 ( 1 ) inserting " (a) " after "Sec. 2" ; 

11 (2) adding at the end of the first sentence thereof 

12 the following : "In acquiring such lands, up to 6.6 acres, 

13 the Secretary may, when agreed upon by the landowner 

14 involved, defer payment or schedule payments over a 

15 period of ten years and pay interest on the unpaid bal- 

16 ance at a rate not exceeding the current prevailing com- 
1*^ mercial rate." ; and 

^® ( 3 ) adding the following at the end thereof : 

19 "(b) The Secretary is authorized and directed to the 

20 maximum extent feasible to employ and train residents of 

21 the Vir^n Islands to develop, maintain, and administer 

22 the Virgin Islands National Park. 

23 " (c) Subject to continued protection and use of Hassel 

24 Island for park and recreation purposes and such other 
^^ conditions as the Secretary may deem appropriate, the 



167 

51 

1 territory of the Virgin Islands may, within but not after 

2 five years after the date of the enactment of this subsection, 

3 by duly enacted legislation acquire all interests of the United 

4 States in Hassel Island by reimbursing the United States in 

5 an amount equal to the amount actually expended by the 

6 United States for the acquisition of i lands and interests in 

7 lands and for the costs of construction of permanent im- 

8 provements, if any. 

9 " (d) (1) Except for property deemed necessary by the 

10 Secretaiy of the Interior for visitor facilities or administra- 

11 tion of the park, an}' owner or owners of improved property 

12 on Hassel Island on the date of its acquisition, may retain 

13 for themselves a nontransferrable right of use and occupancy 

14 of the property for noncommercial residential purposes, for 

15 twenty-five years, or, in lieu thereof, for a term ending at the 

16 death of the owner or the owner's spouse, whichever is later. 

17 The owner shall elect the tcnn to be reserved. The Secretary 

18 shall pay to the owner the fair market value of the property 

19 on the date of such acquisition, less the fair market value on 

20 such date of the right retained by the owner. The authority 
23 of the Secretary to acquire the property commonly known as 

22 the Royal Mail (hotel) })y condemnation shall be suspended 

23 for ten years from the date of enactment and the Secretary 

24 shall acquire such property onl)- with the consent of the 

25 o\Mier or owners thereof, if such owner or owners agree, in 



168 

52 

2 writing, within ninety days after the enactment of this sub- 

2 section to grant to the United States the right of first refusal 

3 to purchase such property at a purchase price not exceeding 

4 the fixed value of said property on July 1, 1978. 

5 " (2) As used in subsection (d) (1) , 'improved residen- 

6 tial property' means a single-family dwelling, the construc- 

7 tion of which began January 1, 1977, together with such 

8 lands as are in the same ownership and appurtenant build- 

9 ings located thereon. 

10 "(3) The Secretary may terminate a right of use and 

11 occupancy retained pursuant to subsection (d) (1) upon 

12 his determination that such use and occupancy is being, or 

13 may be, exercised in a manner inconsistent with the purposes 

14 for which they were included within the park and upon 

15 tender to the holder of such right of the amount equal to the 

16 value of that portion of the right which remains unexpired 

17 on the date of termination.". 

18 (3) Section 3 is amended by inserting " (a) " immedi- 

19 ately after "Sec. 3." and by adding the following new sub- 

20 section at the end thereof: 

21 "(b) (1) Notwithstanding any provision of law to the 

22 contrary, no fee or charge shall be imposed on any per- 

23 manent resident of the Virgin Islands for entrance or ad- 

24 mission into the Virgin Islands National Park. 

25 " (2) Notwithstanding any provision of law to the con- 



lt)9 

53 

1 trary, no fee or charge shall be imposed on any United 

2 States military personnel or dependents of such personnel 

3 for entrance or admission into the Virgin Islands National 

4 Park.". 

5 (4) Section 4 is amended to read as follows: 

6 "Sec. 4. Effective October 1, 1978, there are author- 

7 ized to be appropriated such sums as may be necessary for 

8 the acquisition of lands and interests in lands within the 

9 Virgin Islands National Park. For purposes of this section, 

10 acquisitions of land on Hassel Island shall be deemed to be 

11 acquisitions quahfying for payment under the provisions of 

12 paragi-aph (2) of the Act of June 10, 1977 (Public Law 

13 95-42 ; 91 Stat. 210) . In addition to such sums as may have 

14 heretofore been appropriated for development of public facil- 

15 ities within the Virgin Islands National Park, effective Oc- 

16 tober 1, 1978, there are authorized to be appropriated not 

17 more than $1,000,000 for restoration and rehabilitation of 

18 historic structures and for development of public facilities on 

19 Hassel Island: Provided, That not more than $500,000 of 

20 such amount may be paid to the Territory of the Virgin 

21 Islands for its use in furthering projects undertaken pursuant 

22 to the Land and Water Conservation Fund Act, the Historic 

23 Preservation Act, or other comparable programs upon the 

24 transfer di title to the United States of all properties held by 

25 the Territory on Hassel Island.". 



170 

54 

1 (5) Section 2 (c) of the Act entitled "An Act to au- 

2 thorize the establishment of the Virgin Islands National 

3 Park, and for other purposes" (70 Stat. 940; 16 U.S.C. 

4 398) is amended by adding the following sentence at the 

5 end thereof: "Notwithstanding the acreage limitations and 

6 boundary designations contained in this section, the Secre- 

7 tary may, for administration as part of the park, also ac- 

8 quire, with the consent of the owner or by donation, real 

9 and personal property which is not within the defined 

10 boundaries of the park.". 

11 ALIBATES FLINT QUARRIES AND TEXAS PANHANDLE 

12 PUEBLO CULTURE NATIONAL MONUMENT 

1,3 Sec. 322. (a) The first section of the Act of August 31, 

14 1965 (79 Stat. 587) is amended by adding at the end 

15 thereof the following: "The national monument shall com- 

16 prise tlic area generally depicted on the map entitled 'Bound- 

17 arv Map. Aliljates Flint Quarries', numbered 432-80,021, 
1^ and dated Noveml)er 1976. Minor boundary adjustments 

19 may be made from time to time by the Secretaiy.". 

20 (b) Section 3 of such Act is amended by deleting 

21 "$260,000" and inserting "$2,250,000" in lieu thereof. 

22 TITLE IV— WILDERNESS 

23 DESIGNATION OP AREAS 

24 Sec. 401. The following lands are hereby designated 

25 as wilderness in accordance with section 3(c) of the Wilder- 



171 

55 

1 nes Act (78 Stat. 890; 16 U.S.C. 1132 (c) ), and shall be 

2 adininistered by the Secretary of the Interior in accordance 

3 with the applicable provisions of the Wilderness Act: 

4 (1) Big Bend National Park, Texas, wilderness 
K comprising approximately five hundred and thirty-eight 
g thousand two hundred and fifty acres, and potential wild- 
iT emess additions comprising approximately forty-four 
g thousand seven hundred and fifty acres, depicted on a 
9 map entitled "Wilderness Plan, Big Bend National Park, 

IQ Texas", numbered 155-20,004-D and dated January 

12 1978, to be known as the Big Bend Wilderness. 

12 (2) Buffalo National River, Arkansas, wilderness 

13 comprising approximately ten thousand five hundred 
1^ and twenty-nine acres and potential wilderness additions 
15 comprising approximately twenty-five thousand four 
15 hundred and seventy-one acres depicted on a map en- 

17 titled "Wilderness Plan, Buffalo National River, Ar- 

18 kansas", numbered 173-20,036-B and dated March 

19 1975, to be known as the BufiFalo National River 

20 Wilderness. 

21 (3) Carlsbad Caverns National Park, New Mex- 

22 ico, wilderness comprising approximately thirty-eight 

23 thousand acres and potential wilderness additions com- 

24 prising approximately three hundred and twenty acres, 

25 depicted on a map entitled "Wilderness Plan, Carlsbad 



38-854 O - 79 - 12 



172 

56 

1 Caverns National Park, New Mexico," numbered 130- 

2 20,003-C and dated May 1978, to be known as the 

3 Carlsbad Caverns Wilderness. 

4 (4) Crater Lake National Park, Oregon, wilder- 

5 ness comprising- approximately one hundred and twenty- 

6 seven thousand five hundred acres, depicted on a 

7 map entitled "Wilderness Plan, Crater Lake National 

8 Park, Oregon", numbered 106-20,006-r and dated 

9 May 1978, to be known as the Crater Lake Wilderness. 

10 (5) Cumberland Gap National Historical Park, 

11 Kentucky, Tennessee, Virginia, wilderness comprising 

12 n])]>roximately twelve thousand seven hundred acres 

13 and ])otential wilderness additions comprising approxi- 

14 mately one thousand nine hundred acres, depicted on 

15 a map entitied "Wilderness Plan, Cumberland Gap Na- 

16 tional Historical Park, Tennessee, Virginia, Kentucky", 

17 numbered 380-20,026-D and dated May 1978, to be 

18 known as the Cumberland Gap Wilderness. 

19 (6) Everglades National Park, Florida, wilder- 

20 ness comprising a;pproximately one million two hundred 

21 and ninety-six thousand five hundred acres and potential 

22 wilderness additions comprising approximately eighty- 

23 one thousand nine hundred acres, depicted on a map en- 

24 titled "Wildeniess Plan, Everglades National Park, 



173 

57 

1 Floi-ida". numbered 160-20,011 and dated June 1974, 

2 to be known as the Everglades Wilderness. 

3 (7) Glacier National Park, Montana, wilderness 

4 comprising approximately nine hundred and twenty- 

5 seven thousand five hundred and fifty ncres and potential 

6 wilderness additions comprising approximately tlircc 

7 thousand three hundred and sixty acres, depicted on a 

8 map entitled "Wilderness Plan, Glacier National Paik. 

9 .Alontana", numbered 117-20,010-A and dated March 

10 1974, to be known as the Glacier Wilderness. 

11 (8) Grand Teton National Park, Wyoming, wilder- 

12 ness comprising approximately one hundred and twenty- 

13 two thousand six hundred and fifty acres and potential 

14 wilderness additions comprising approximately twenty 

15 thousand eight hundred and fifty acres, depicted on a 

16 map entitled "Wilderness Plan, Grand Teton National 

17 Park, Wyoming", numbered 1 36-20,0 13-B and dated 

18 May 1978, to be known as the Grand Teton Wilderness. 

19 (9) Guadalupe Mountains National Park, Texas, 

20 wilderness comprising approximately fifty-eight thou- 

21 sand acres and potential wildeliiess additions comprising 

22 approximately seven hundred acres, depicted on a map 

23 entitled "Wilderness Plan, Guadalupe Mountains Na- 

24 tional Park, Texas", numbered 166-20,006-D and 



174 

58 

1 dated May 1978, to be known as the Guadalupe 

2 Wilderness. 

3 (10) Gulf Islands National Seashore, Florida and 

4 Mississipj)!. wilderness comprising approximately one 

5 thousand (•i«rlit hundred acres and potential wilderness 

6 additidiis coniprismg approximately two thousand eight 

7 hundicd acres, depicted on a map entitled "Wilderness 

8 Plan, Gulf Islands National Seashore, Mississippi, Flor- 

9 ida", numbered 635-20,018-A and dated March 1977, 

10 to be known as the Gulf Islands Wilderness. 

11 (11) Hawaii Volcanoes National Park, Hawaii, 

12 wilderness comprising approximately one hundred and 
1^ twenty-three thousand one lunidred acres and potential 
14 wilderness additions coni])rising approximately seven 
1^ thousand eight hundred and fifty acres, depicted on a 
1^ map entitled "Wilderness Plan, Hawaii Volcanoes Na- 
'' tional Park, Hawaii", numbered 124-20,020 and dated 
''^ April 1974, to be known as the Hawaii Volcanoes 
1^ Wilderness. 

20 (12) Organ Pipe Cactus National Monument, Ari- 

21 zona, wilderness comprising approximately two hundred 

22 and ninety-nine thousand six hundred acres and potential 
2^ wilderness additions comprising approximately ten 

thousand one hundred acres, depicted on a map entitled 
"Wilderness Plan, Organ Pipe Cactus National Monu- 



•_'o 



175 

59 

1 ment, Arizona", numbered 157-20,001-A and dated 

2 January 1978, to be known as the Organ Pipe Cactus 

3 Wilderness. 

4 (13) Theodore Roosevelt National Memorial Park, 

5 North Dakota, wilderness comprising approximately 

6 twenty-nine thousand nine hundred and twenty acres, 

7 depicted on maps entitled "Theodore Roosevelt National 

8 Memorial Park, North Dakota", (North Unit and South 

9 Unit) numbered 387-20,007-E and dated Janu- 

10 ary 1978, to be known as the Theodore Roosevelt 

11 Wilderness. 

12 (14) Yellowstone National Park, Idaho, Montana, 

13 and Wyoming, wilderness comprising approximately two 
j4 million twenty two thousand two hundred and twenty- 

15 one acres, depicted on a map entitled "Wilderness Plan, 

16 Yellowstone Xntional Park. Idalio, Montana, Wyo- 

17 ming", imnilM-rrd 10 1-20 ,00.")- A and dated Januaiy 

18 1978, to be known as the Yellowstone Wilderness. 

19 MAP AND DESCEIPTION 

20 Sec. 402. A map and description of the boundaries of 

21 the areas designated in this Act shall be on file and available 

22 for public inspection in the office of the Director of the Na- 

23 tional Park Service. D('])artment of the Interior, and in the 

24 Office of the Superintendent of each area designated in this 



176 

60 

1 Act. As soon as practicable after this Act takes effect, maps 

2 of the wilderness areas and descriptions of their boundaries 

3 shall be filed with the Interior and Insular Affairs Commit- 

4 tees of the United States Senate and House of Representa- 

5 tives, and such maps and descriptions shall have the same 

6 force and effect as if included in this Act: Provided, That 

7 correction of clerical and typographical errors in such maps 

8 and descriptions may be made. 

9 CESSATION OF CERTAIN USES 

10 Sec. 403. All lands which represent potential wilder- 

11 ness additions, upon publication in the Federal Register of 

12 a notice by the Secretary that all uses thereon prohibited by 

13 the Wilderness Act have ceased, shall thereby be designated 

14 wilderness. 

15 ADMINISTRATION 

16 Sec. 404. The areas designated by this Act as wilder- 

17 ness shall be administered by the Secretary of the Interior 

18 in accordance with the applicable provisions of the Wilder- 

19 ness Act governing areas designated by that Act as wilder- 

20 ness, except that any reference in such provisions to the 

21 effective date of the Wilderness Act shall be deemed to be a 

22 reference to the effective date of this Act, and, where ap- 

23 propriate, any reference to the Secretary of Agriculture shall 

24 be deemed to be a reference to the Secretary of the Interior. 



177 
61 

1 WILDERNESS MANAGEMENT PLANS 

2 Sec. 405. (a) Within two years of the date of enactment 

3 of legislation desi^ating wilderness within units of the Na- 

4 tional Park System, or within two years of the date of enact- 

5 ment of this provision in relation to wilderness designations 

6 heretofore enacted within units of the National Park System, 

7 the Secretary shall develop and adopt for each such unit, a 

8 wilderness management plan to guide the use, protection and 

9 management of the w'ldemess therein. Such plan shall, 

10 among other features, indicate specific carrying capacities 

11 for various areas within all of the wilderness. The Secretary 

12 shall submit to the Committee on Interior and Insular Af- 

13 fairs of the House of Representatives and the Committee of 

14 Energy and Natural Resources of the Senate, on each Jan- 

15 uary 1 beginning in 1980 and ending in 1985, a progres- 

16 sively revised list indicating the dates of wilderness designa- 
1'7 tion for each unit and the corresponding status of completion 

18 of management plans therefor. 

19 (b) Within five years of the date of enactment of legis- 

20 lation designating wilderness within units of the National 

21 Park System, or within three years of the date of enactment 

22 of this provision in relation to wilderness designations here- 

23 tofore enacted within units of the National Park System, the 

24 Secretary shall report to the Committees on Interior and 
2^ Insular Affairs of the House of Representatives and Energy 



178 

62 

1 and Natural Kesources of the Senate as to recommendations 

2 for adjustments to such wilderness boundaries within the 

3 exterior boundaries of the national park system unit. 

4 TITLE V— ESTABLISHMENT OF NEW AREAS AND 

5 ADDITIONS TO NATIONAL TRAILS SYSTEM 

6 Subtitle A 

7 GUAM NATIONAL SEASHORE 

8 Sec. 501. (a) In order to conserve and protect out- 

9 standing natural and scenic values on the island of Guam 

10 there is hereby established the Guam National Seashore 

11 (hereinafter in this section referred to as the "seashore"). 

12 The seashore shall consist of the area as generally depicted 

13 on the map entitled "Boundary Map, Guam National Sea- 

14 shore", numbered P-09-80,001-A and dated May 1978, 
1^ which shall be on file and open to public inspection in the 
1^ offices of the National Park Service, Department of the 
^^ Interior. Following ninety days notice to the Committee 
^^ on Interior and Insular Affairs of the House of Represent- 
^^ atives and to the Committee on Energy and Natural Re- 
^^ sources of the Senate, the Secretary may make minor revi- 

^^ sions of the boundary of the seashore by publication of a re- 

22 

vised map in the Federal Register. 

^^ (b) Within the boundaries of the seashore established 

^* under this section the Secretary is authorized to acquire 

^ lands and waters and interests therein by donation, purchase 



179 

63 

1 with donated or appropriated funds, exchange, or transfer. 

2 Except for property deemed by the Secretary to be essential 

3 for visitor facilities, access, or administration of the seashore, 

4 acquisition by the Secretary of improved property (includ- 

5 ing sufficient land to protect the improvements) and agri- 

6 cultural land existing as of January 1, 1978, the Secretary 

7 shall be restricted to acquisition of easements to protect and 

8 maintain existing land use. 

9 (e) The Secretary shall administer property acquired 

10 under subsection (b) in accordance with this section and 

11 with the provisions of law generally applicable to units of 

12 the National Park System, including the Act of August 25, 

13 1916 (39 Stat. 535) and tiie Act of August 21, 1935 (49 

14 Stat. 666). 

15 (d) The Secretary is authorized and directed, to the 

16 maximum extent feasible, to employ and train residents of 

17 Guam or of the Northern Mariana Islands to develop, main- 

18 tain, and administer the seashore. 

19 (e) Within three years from the date of enactment of 

20 this Act, the Secretary shall transmit to the committees 

21 named in subsection (a) the general management plan for 

22 the seashore consistent with the purposes of this section. 

23 The plan shall be jointly developed by the Secretary' and 
.24 the government of Guam. 



180 

64 

1 (f) Pursuant to the plan developed under subsection 

2 (e) , the Secretary shall seek to enter into an agreement 

3 with the government of Guam as to the role and respon- 

4 sibilities of the National Park Service and the territorial 

5 goveiTiment in protecting, operating, and managing the 

6 seashore. 

7 (g) The Secretaiy shall provide technical assistance to 

8 the government of Guam for the development and manage- 

9 niciit of the proposed Guam Territorial Seashore Park. 

10 (h) (1) Notwithstanding any provision of law to the 

11 contrary, no fee or charge shall be imposed on any perma- 

12 nent resident of Guam or the Northern Mariana Islands for 

13 entrance or admission into the Guam National Seashore. 

14 (2) Notwithstanding any provision of law to the con- 

15 trary, no fee or charge shall be imposed on any United 

16 States military personnel or dependents of such personnel 

17 for entrance or admission into the Guam National Seashore. 

18 (i) Effective October 1, 1978, there is authorized to be 

19 appropriated $10,000,000 for acquisition of land and in- 

20 terests in land and $500,000 for development to carry out 

21 the purposes of this section. 

22 WAE IN THE PACIFIC NATIONAL HISTORICAL PARK 

23 Sec 502. (a) In order to commemorate tlie bravery and 

24 sacrifice of those participating in the campaigns of the 

25 Pacific theater of World War II and to consene and inter- 



181 

66 

1 pret outstandino^ naturnl, scenic, and historic values and 

2 objects on the island of Guam for the benefit and enjoyment 

3 of present and future generations, the War in the r.icilic 

4 National Historical Park (hereinafter in this section refei red 

5 to as the "park") is hel-eby established. 

6 (b) The boundaries of the park shall be as orenerally 

7 depicted on the drawing entitled "Boundary' Map, War in 

8 the Pacific National Historical Park, Guam" numbered 

9 P-24-80,000-B and dated March 1978, which shall be on 

10 file and available for inspection in the offices of the Xational 

11 Park Ser\'ice, Department of the Interior. Following ninety 

12 days notice to the Committee on Literior and Insular Affairs 

13 of the House of Representatives and to the Committee on 

14 Energy- and Natural Resources of the Senate, the Secretary' 

15 may make minor revisions of the boundar}- of the park by 

16 publication of a revised map in the Federal Register. 

^^ (c) Within the ))oundaries of the park, the Secretary' 

^^ may acquire lands and interests therein by donation, purchase 

19 with donated or appropriated funds, exchange, or transfer. 

20 (d) (1) Except for property deemed by the SecretarA- 

21 to be essential for vistor facilities, or for access to or ad- 

22 ministration of the park, any owner or OAMiers of improved 
^^ propert}' on the date of its acquisition by the Secretary' may. 

as a condition of such acquisition, retain for themselves and 
their successors or assigns a right of use and occupancy of the 



182 

66 

1 improved property for noncommercial residential purposes 

2 for a definite term not to exceed twenty-five years, or in 

3 lieu thereof, for a term ending at the death of the owner, or 

4 the death of his (»r her spouse, whichever is the later. The 

5 owner shall elect the term to be reserved. Unless the property 

6 is wholly or partially donated, the Secretary shall pay to 

7 the owner the fair market value of the property on the date 

8 of such ac(piisitiou, less the fair market value on such date of 

9 the right retained by the owner. 

10 (2) The Secretary may terminate a right of use and 

11 occupancy retained pursuant to this subsection upon his 

12 determination that such use and occn])ancy is being exercised 

13 in a manner not consistent with the purposes of this section, 

14 and upon tender to the holder of the right of an amount 

15 (>«|Uji1 to the fair market value of that portion of the right 
'*' which rtiii.iiiis unexpired on the date of termination. 

' • (:;) The term "improved property", as used in this sub- 

^^ section shall mean a detached, noncommercial residential 

1^ dwelling, the construction of which was begun before Jan- 

20 uary 1, 1978 (hereinafter in this section referred to as a 

-^ •"dwelling"), together with so much of the land on which 

-- the dwelling is situated, the said land being in the same 

'^^ ownership as the dwelling, as the Secretary shall designate 

^ to be reasonably necessary for the enjoyment of the dwelling 
for the sole purpose of noncommercial residential use, to- 



183 

67 

1 ojctlu'r with so much of the land on which the dwelling is situ- 

2 nted, the said land being in the same ownership as the dwell- 

3 iHg, as the Secretary shall designate to be reasonably neces- 

4 sary for the enjoyment of the dwelling for the sole purpose 

5 of noncommercial residential use, together with any stnic- 

6 tures accessory to the dwelling which are situated on the land 

7 so designated. 

8 (e) Other points on the island of Guam pertinent to this 

9 legislation may be identified, established and marked by the 

10 Secretaiy in agreement with the Governor of Guam. 

11 (f) The Secretary shall administer property acquired 

12 in accordance with this section and the provisions of law 

13 generally applicable to the management of units of the na- 
!•! tional park system. 

15 (g) The SccH'tary is authorized to seek the assistance 

1<» (»f .ipinopriati' liistorians to inteijuvt tlic historical aspects 

1^ (»l tlu" I'ark. To the greatest extent possible, interpretative 

^^ activities will be conducted in at least two of the following 

1^' ibree languages: English, Chamarro, and Japanese. 

-<' (h) The Secretary is authorized to enter into negotia- 

-1 tions with the Secretary of Defense for the berthing and 

-2 interpretation of a navel vessel of World War II vintage 

-•^ which shall be accessible to the public on the island of Guam. 

2^^ (i) Within two years from the date of enactment of this 

25 Act, the Secretaiy shall develop and transmit to the Com- 



184 

68 

1 mittees named in subsection (a) , a general management plan 

2 for the national historical park consistent with the pm^oses 

3 of this section. 

4 (j) The Secretary is authorized and directed, to the 

5 maximum extent feasible, to employ and train residents of 

6 Guam or of the Northern Mariana Islands to develop, main- 

7 tain, and administer the park. 

8 (k) The Act of November 4, 1963 (77 Stat. 302), to 

9 provide for the rehabilitation of Guam, and for other pur- 

10 poses, is hereby amended as follows : 

11 "(1) in the first sentence of section 3, delete the 

12 comma after 'United States' and delete the words 'with 

13 interest as set forth below,' and 

•^ "(2) after paragraph (c) of section 3, delete the 

last paragraph before section 4 and insert in lieu thereof : 
" 'All amounts heretofore withheld from sums collected 
pursuant to section 30 of the said Organic Act as interest 
on the amounts made available to the Government of Guam 
pursuant to this Act shall be credited as reimbursement pay- 
ments by Guam on the principal amount advanced by the 
United States under this Act.' ". 

(1) (1) Notwithstanding any provision of law to the 
contrary, no fee or charge shall be imposed on any perma- 
nent resident of Guam or the Northern Mariana Islands for 



17 

18 
19 
20 
21 
22 
23 
24 



185 

69 

1 entrance or admission into the War in the Pacific National 

2 Historical Park. 

3 (2) Notwithstanding any provision of law to the con- 

4 trary, no fee or charge shall be imposed on any United 

5 States military personnel or dependents of such personnel 

6 for entrance or admission into the War in the Pacific Na- 

7 tional Historical Park. 

8 (m) For the purposes of the park established under 

9 this section effective October 1, 1978, there are authorized 

10 to be appropriated such sums as may be necessary but not 

11 to exceed $16,000,000 for the acquisition of lands or inter- 

12 ests in lands and $500,000 for development. 

13 PINE BAERENS AEEA, NEW JEESEY 

14 Sec. 503. (a) For the purposes of this section — 

15 (1) The term "Pine Barrens" means the area 

16 within the State consisting of approximately nine hun- 

17 dred and seventy thousand acres, described by the 

18 "Land and Water Line" appearing at Plate D of the 

19 1976 Bureau of Outdoor Eecreation Keport (Depart- 

20 ment of the Literior) entitled "New Jersey Pine Bar- 

21 rens: Concepts for Preservation," which is referred to 

22 hereinafter as the "1976 BOB Report." 

23 (2) The term "State" means the State of New 

24 Jersey. 



186 

70 

1 (b) Tlie Secretary shall prepare and, after appropri- 

2 ate public bearings (at least one of which shall be held 

3 within tiie Pine Barrens) , submit to Congress within 

4 eighteen months after the date of enactment of this Act, a 

5 plan to conserve the natural resource values of the Pine 

6 Barrens. Congress shall have the power to disapprove such 

7 plan within one hundred and eighty days of its submission. 

8 If the Governor of the State notifies the Secretary in writiug 

9 that the State wishes to participate in the preparation of 

10 the plan, the Secretary and such officers or citizens of the 

11 State as the Governor may designate shall jointly prepare 

12 tile plan. If the State does not so participate, the Secretary 

13 shaU consult with the Governor during the preparation of 

14 the plan. 

15 (c) The plan shaU— 

16 (1) Provide for a resource assessment which de- 

17 termines the overall carrying capacity of the Pine Bar- 

18 rens. Such resource assessment shall include but not be 

19 limited to — 

20 (A) water supply and water quality; 

21 (B) natural hazards, including fire ; 

22 (C) endangered, unique, and tmusual plants, 

23 animals, fish, and biotic communities ; 

24 (D) ecolo^cal factors relating to the produc- 



187 

71 

2 tion and enhancement of bluebem- and cranberry 

2 production and other agricultural activity; 

3 (E) air quality; 

4 (F) scenic, esthetic, and open space resources 

5 of the Pine Barrens together with a determination 
Q of the overall policies required to maintain and en- 

7 hance these resources ; 

8 (G) the outdoor recreation resources and po- 

9 tentials together with a determination of policies 

10 required to utilize, protect, and enhance these re- 

11 sources and potentials ; and 

12 (H) existing land use patterns throughout the 

13 Pine Barrens, as well as alternative beneficial uses 

14 of the Pine Barrens. 

15 (2) Proposed boundaries, which shall be based 

16 upon the assessments referred to in subsection (1) (A) 

17 through (H) , of— 

18 (A) the overall Pine Barrens region, with due 

19 consideration given the "Land and Water Line" 

20 of the 1976 BOB Report, which should be com- 

21 prehensively managed so as to conserve, protect, 

22 or enhance the ecological, wildlife, historical, agri- 

23 cultural, scenic, recreational, cultural, and educa- 

24 tional resources of the Pine Barrens, and 



38-854 O - 79 - 13 



188 

72 

1 (B) those subareas within such region which 

2 are of critical ecological importance and with respect 

3 to which immediate actions should be ta]ien by the 

4 State or the Federal Govmment, or both, in order 

5 to protect such subareas from uses which are in- 

6 compatible with the conservation, protection, and 

7 enhancement of the natural resources of such sub- 

8 areas. 

9 (3) Eecommend State and Federal actions which 

10 should be implemented to conserve, protect, and enhance 

11 the natural resource values of the Pine Barrens. 

12 (d) There are authorized to be appropriated not to 

13 exceed $1,000,000 to the Department of the Interior for 

14 the purposes of carrying out the planning activities required 

15 under subsection (c) . From amounts so appropriated, the 

16 Secretary shall reimburse the State for reasonable costs in- 

17 curred by the State in participating in the joint preparation 

18 of the plan. 

19 (e) Pursuant to the intent of this section, the Secretary 

20 shall acquire certain lands within the Pine Barrens which are 

21 manifestly of critical ecological importance. Such lands shall 

22 include, but not be limited to, the area known as "the Plains" 

23 and described on pages 2 and 21 of the 1976 BOB Report, 

24 and may be acquired prior to the completion of the plan. 
2^ Any lands so acquired shall be managed by the Secretary in 



189 

73 

1 a maimer appropriate to conserve, protect, and enhance the 

2 natural resoilrce values of the land until such time as he 

3 believes it in the best interests of proper ecological manage- 

4 ment to transfer such land to a qualified State or multi- 

5 jurisdictional Pine Barrens management agency having the 

6 authority and capability to plan for and manage land eompre- 

7 hensively in the Pine Barrens region. If the Secretary wishes 

8 to make such a transfer of any land acquired under this sec- 

9 tion, he shall make such transfer conditional upon appropri- 

10 ate ecological management practices, enforceable by a right 

11 of reverter to the United States. 

12 (f) For the purposes of acquiring land described in 

13 subsection (e) , there are authorized to be appropriated to the 

14 Department of the Interior not to exceed $25,000,000. 

15 EDGAR ALLAN POE NATIONAL HISTORIC SITE 

16 Sec. 504. (a) In recognition of the literary importance 
1'^ attained by Edgar Allan Poe, there is hereby authorized to 

18 be estabhshed the Edgar Allan Poe National Historic Site. 

19 (b) The Secretary is authorized to acquire by dona- 

20 tion or purchase the lands and buildings within the area 

21 described in subsection (c) . The lands and buildings ac- 

22 quired by the Secretary under this section shall comprise 

23 the Edgar Allan Poe National Historic Site and shall be 

24 administered by the Secretary through the National Park 

25 Service. The Secretary shall administer, maintain, protect, 



190 

74 

1 and develop the site subject to the provisions of law gen- 

2 eraUy applicable to national historic sites. 

3 (c) The lands and buildings specified in subsection (b) 

4 comprise that area of Philadelphia, Pennsylvania, known as 

5 the Poe House complex and includes the house at the rear 

6 of 530 North Seventh Street, the adjoining three-story brick 

7 residence on the front of the land backing up to and including 

8 the building at 532 North Seventh Street, and the North 

9 Garden of approximately seven thousand and eighty square 

10 feet and the South Garden of approximately nine thousand 

11 three hundred and fifty square feet. 

12 (d) As soon as the Secretary finds that a substantial 

13 portion of the acquisition authoriz?ed under subsection (b) 

14 has been completed, he shall establish the Edgar Allan Poe 

15 National Historic Site by publication of notice thereof in the 

16 Federal Kegister. 

17 (e) There are hereby authorized to be appropriated such 

18 sums as are necessary to carry out the provisions of this 

19 section. 

20 SAN ANTOXIO MISSIONS NATIONAL HISTORICAL PABK 

21 Sec. 505. (a) In order to provide for the preserva- 

22 tion, restoration, and interpretation of the Spanish Missions 

23 of San Antonio, Texas, for the benefit and enjoyment of 

24 present and future generations of Americans, there is hereby 

25 established the San Antonio Missions National Historical 



75 

1 Park (hereafter in this section referred to as the "park") 

2 consisting of Concepcion, San Jose, San Juan, and Espada 

3 Missions, together with areas and features historically as- 

4 sociated therewith, as generally depicted on the drawing 

5 entitled "Boundary Map, San Antonio Missions National 

6 Historical Park", numbered 930-80,022-A and dated 

7 May 1976, which shall be on file and available for public 

8 inspection in the offices of the National Park Service, De- 

9 partment of the Interior, and in the offices of the Superin- 

10 tendent of the pai'k. After advising the Committee on Energy 

11 and Natural Resources of the United States Senate and the 

12 Committee on Interior and Insular Affairs of the United 

13 States House of Representatives, in writing, the Secretary 

14 may make minor revisions of the boundaries of the park 

15 when necessary by publication of a revised drawing or other 

16 boundar}' description in the Federal Register. 

17 (b) For the purposes of this section, the Secretar}- is 

18 authorized — 

19 ( 1 ) to acquire by donation, purchase with donated 

20 or appropriated funds, or exchange, lands and interests 

21 therein constituting the following generally described 

22 areas in the historic missions district of the city of San 

23 Antonio, Texas — 

24 (A) Mission San Jose y San Miguel de 

25 Aguayo ; 



192 

76 

1 (B) Mission Nuestra Senora de la Purisima 

2 ■ Concepcion de Acuna; 

3 (C) Mission San Francisco de la Espada; 

4 (D) Espada Acequia, the section of approxi- 

5 mately five miles along- the west side of and parallel 

6 to the San Antonio River; 

' (E) Espada Dam and Aqueduct; 

° (F) Mission San Juan Capistrano ; 

(G) San Juan Acequia, on the east side of the 
San Antonio River ; and 

(H) such lands and interests therein which 

the Secretary determines are necessary or desirable 

to provide for public access to, and interpretation 

and protection of, the foregoing ; and 

(2) to enter cooperative agTeements with the 

owners of any historic properties, including properties 

referred to in paragTaph ( 1 ) , in furtherance of the 

purposes of this section. 

Each agreement under paragraph (2) shall provide among 

other things that the owner will hold and preserve the 

historic property in perpetuity and will not undertake or 

permit the alteration or removal of historic features or the 

erection of markers, structures, or l)uildings without the 

prior concurrence of the Secretaiy, and that the pul)lic 

shall have reasonable access to those portions of the prop- 



11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 



193 

77 

1 erty to which access is necessary in the judgment of tlie 

2 Secretary for the proper ap])reciation and interpretation of 

3 its historical and architectural value. Pursuant to such co- 

4 operative agreements and notwnthstanding any other pro- 

5 vision of law to the contrary the Secretary may, directly or 

6 by contract, constnict, reconstnict, rehabilitate, or develop 

7 such buildings, stmctures, and related facilities including 

8 roads, trails, and other inteipretive facilities) on real prop- 

9 erty not in Federal ownership and may maintain and op- 

10 erate programs in connection therewith as he deems appro- 

11 priate. Any lands or interest therein owned by the Catholic 

12 Archdiocese of San Antonio, the State of Texas, or any 

13 political subdivision of such State, including the San Antonio 

14 River Authority, may be acquired by donation only. 

15 (t") (1) With the exception of any property deemed 

16 necessaiy by the Secretary for visitor facilities or adminis- 

17 tration of the park, any owner or owners of improved prop- 

18 erty on the date of its acquisition by the Secretary may, as a 

19 condition of such acquisition, retain for themselves and their 

20 successors or assigns a right of use and occupancy of the 

21 property for nonconnnorcial residential i)ni*]ioses. for twenty- 

22 five years, or. in lieu thereof, for a tenn ending at the death 

23 of the owner or his spouse, whichever is later. The owner 

24 shall elect the term to be reserved. Tlie Secretary shall pay 

25 to the owner the fair market value of the property on the 



194 

78 

1 date of such acquisition less the fair market vahie on such 

2 date of the right retained by the owner. 

3 (2) A right of use and occupancy retained or enjoyed 

4 pursuant to this subsection may be terminated with respect 

5 to the entire property by the Secretaiy upon his determina- 

6 tion that the property or any portion thereof had ceased to 

7 be used for noncommercial residential purposes and upon 

8 tender to the holder of a right an amount equal to the fair 

9 market value, as of the date of tender, of that portion of the 

10 right which remains unexpired on the date of termination. 

11 (3) The term "improved propert)^", as used in this 

12 subsection, shall mean a detached, noncommercial resi- 

13 dential dwelling, the construction of which was begun 

14 before January 1, 1978 (hereinafter referred to as a 

15 "dwelling"), together with so much of the land on which 

16 the dweUing is situated, the said land being in the same 

17 ownership as the dwelling, as the Secretary shall designate 

18 to be reasonabty necessary for the enjoyment of the dwell- 

19 ing for the sole purpose of noncommercial residential use, 

20 together with any structures accessory to the dwelling 

21 which are situated on the land so designated. 

22 (d) The Secretary is authorized and directed to take 

23 prompt and appropriate action in accordauco with the pro- 

24 visions of this Act to assure the protection and ])rc'serva- 

25 tion of the historical and architectural values of the missions 



195 

79 

1 and the areas and features historically associated therewith 

2 within the l)oundaries of the park. The park shall be ad- 

3 ministered by the Secretary in accordance with this section 

4 and i)rovisions of law generally applicable to units of the 

5 national park system, including the Act of August 25, 1916 

6 (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Act of Au- 

7 gust 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). 

8 (e) (1) There is hereby established a San Antonio 

9 Missions Advisory Commission. The Commission shall be 

10 composed of seven members, each appointed for a term 

11 of two years by the Secretary', as follows: 

12 (A) one member to l)e appointed from recom- 

13 mendations made by the Governor of the State of Texas ; 

14 (B) one member to be appointed from recommen- 

15 dations made by the County Commissioners of Bexar 

16 County, Texas; 

17 (C) one meml)er to be appointed from recom- 

18 mendations made by the City Council of the City of San 

19 Antonio, Texas; 

20 (D) one member to be appointed to represent non- 
21 Federal property owners whose property is operated 

22 and maintained in accordance with cooperative agree- 

23 ments with the Secretary pursuant to subsection (b) 

24 (2) ; 



196 

80 

1 (E) one member from the membership of a local 

2 conservation or historical organization; and 

3 (F) two members representing the general public. 

4 The Secretary shall designate one member to be Chairman 

5 of the Commission and may fill any vacancy in the same 

6 manner in which the original appointment was made. 

7 (2) Members of the Commission shall serve without 

8 compensation as such, but the Secretary may pay expenses 

9 reasonably incurred by the Commission and may reimburse 

10 members for reasonable expenses incurred in carrying out 

11 their responsibilities under this section on vouchers signed 

12 by the Chairman. 

13 (3) All appointments to the Commission shall be 

14 made by the Secretary within six months after the date 

15 of the enactment of this Act and the Secretar}^ or his des- 

16 ignee, shall from time to time, but at least semiannuall}^ 

17 meet and consult with the Advisoiy Commission on matters 

18 relating to the park and with respect to carrying out the 

19 provisions of this section. 

20 (4) Unless extended by Act of Congress, this Commis- 

21 sion shall terminate ten years after the date of its first meet- 

22 ing with the Secretary or his designee. 

23 (f) (1) There are hereby authorized to be appropri- 

24 ated such sums as may be necessary to carry out the pur- 



197 

81 

1 poses of this section, but not more than $ for the 

2 acquisition of lands and interest in lands. 

3 (2) For the development of essential public facilities 

4 there are authorized to be appropriated not more than 

5 $ . Within one year from the date of enactment of 

6 this Act, the Secretary shall develop and transmit to the 

7 Committee on Interior and Insular Affairs of the United 

8 States House of Representatives and the Committee on 

9 Energ:y and Natural Resources of the United States Senate a 

10 final master plan for the development of the park consistent 

11 with the objectives of this section, indicating (A) the facili- 

12 ties needed to accommodate the health, safety, and interpre- 

13 tive needs of the visiting public; (B) the location and esti- 

14 mated cost of all facilities; and (C) the projected need for 

15 any additional facilities within the park. 

16 SAINT Paul's church, eastchestee 

17 _ Sec. 506. (a) In order to preserve and protect Saint 

18 Paul's Church, Eastchester, in Mount Vernon, New York, 

19 for the benefit of present and future generations, the Sec- 

20 retary may accept any gift or bequest of any property or 

21 stnictui'e which comprises such church and any other real or 

22 personal property located within the square bounded by 

23 South Columbus Avenue, South Third Avenue, Edison Ave- 

24 nue, and South Fulton Avenue, in Mount Vernon, New 

25 York, including the cemetery located within such square and 



198 

82 

1 any reaJ property located within such square which was at 

2 any time a part of the old village green, now in Mount 

3 Vernon, New York. 

4 (b) Any property acquired under subsection (a) shall 

5 be administered by the Secretary acting through the Na- 

6 tional Park Service, in accordance with this section and 

7 provisions of law generally applicable to units of the na- 

8 tional park system, including the Act approved August 25, 

9 1916 (16 U.S.C. 1 and following) and the Act approved 

10 August 21, 1935. The Secretar\% in carrying out the pro- 

11 visions of such Acts, shall give particular attention to assur- 

12 ing the completion of such structural and other repairs as 

13 such Secretaiy considers necessarj' to restore and presene 

14 any property acquired in accordance with this section. 

15 KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK 

16 Sec. 507. (a) There is established the Kaloko-Hono- 

17 kohau National Historical Park in Hawaii (hereinafter in 

18 this section referred to as the "park") comprising approxi- 

19 mately one thousand three hundred acres of land and water 

20 as generally depicted on the map entitled "Kaloko—Honoko- 

21 hau National Historical Park", numbered KHN-80,000, and 

22 dated May 1978 which shall be on file and available for 

23 public inspection in the appropriate offices of the National 

24 Park Service, Department of the Interior. 



100 

83 

1 (b) The Secretan- is authorized to acquire the lands 

2 described above by donation, exchange or purchase through 

3 the use of donated or appropriated funds, notwithstanding 

4 any prior restriction imposed by Congress on the use of 

5 appro})riated funds for this purpose. 

6 (c) The Secretary' shall administer the park in accord- 

7 ance with this section and the provisions of law generally 

8 applicable to units of the national park system, including the 

9 Act approved August 21, 1935 (49 Stat. 666; 16 U.S.C. 

10 461 et seq.). The purposes of this park are to provide a 

11 center for the reorientation to and peri)etuation of Hawaiian 

12 activities, culture, and basic land use patterns, as well as to 

13 provide a resource and culture-based focus for the education, 

14 enjoyment and appreciation by local residents and visitors. 

15 Development and management of the park shall generally 

16 follow the guidelines provided in the study report entitled 

17 "Kaloko-Honokohau" prepared by the Honokohau Study 

18 Advisory Coimnission and the National Park Service, May 

19 1974, GPO 690-514. 

20 (d) In administering the park — 

21 (1) the Secretary may provide select areas within 

22 the park with authentic Hawaiian live-in accommoda- 

23 tions for Hawaiians who wish to participate actively in- 

24 depth cultural pursuits : 



200 

84 

1 (2) the Secretary shall consult with and may enter 

2 into agreements with other governmental entities and 

3 private landowners to establish adequate controls on 

4 air and water quality and scenic and esthetic values of 

5 the surrounding land and water areas; 

6 (3) the preservation and interpretation of this his- 

7 torical park should be managed, to the greatest extent 

8 possible, by native Hawaiians. 

9 (6) In order to carry out the purposes of this section 

10 with respect to the preservation and expression of native 

11 Hawaiian culture, the Secretary is authorized and directed 

12 to the maximum extent feasible to employ and train native 

13 Hawaiians to develop, maintain, and administer the park. 

14 (f) (1) The Secretary may establish the Kaloko- 

15 Honokohau, an Advisory Commission for the Kaloko- 

16 Honokohau National Historical Park. The Commission shall 

17 be composed of nine members, appointed by the Secretary, 

18 as follows : 

19 (A) all members shall be residents of the State of 

20 Hawaii ; 

21 (B) at least six members shall be appointed from 

22 lists provided by native Hawaiian organizations pro- 

23 vided by the Governor ; and 

24 (C) initial appointment shall consist of two mem- 

25 bers appointed for a term of five years, two for a term 



201 

85 

1 of four years, two for a term of three years, and one for 

2 a term of one year; thereafter, appointments shall be 

3 made for a term of five years ; members shall not serve 

4 more than one term consecutively, but may be reap- 

5 pointed after a three-year lapse. 

6 (2) The Secretary shall designate one member of the 

7 Commission to be Chairman. Any vacancy in the Commis- 

8 sion shall be filled in the same mamier as provided in 

9 paragraph ( 1 ) . 

10 (3) Members of the Commission shall serve without 

11 compensation. The Secretary is authorized to pay the ex- 

12 penses reasonably incurred by the Commission in carrying 

13 out its responsibilities under this section on vouchers signed 

14 by the Chairman. 

15 (4) In addition to. the Commission members specified 

16 in paragraph ( 1 ) , the Superintendent of the park, the Xa- 

17 tional Park Sers'ice State Director, Hawaii, a person ap- 

18 pointed by the Governor of Hawaii, and a person appointed 

19 by the mayor of the county of Hawaii, shall serve as ex 

20 officio, nonvoting members of the Commission. 

21 (5) The purpose of the Commission shall be to ad\'ise 

22 the Director, National Park Service, with respect to the his- 

23 torical, archeological, cultural, and interpretive programs of 

24 the park and its staffing and operation. Particular emphasis 

25 shall be made on the oi>eration of the area by qualified 



202 

86 

-J Hawaiians and the quality of Hawaiian culture demonstrated 

2 and taught therein. 

3 (6) The Commission shall meet not less than twice a 

4 year. Interim meetings may be called by the Chairman 

5 with the concurrence of the Director of the National Park 
e Service. 

7 (7) The Advisory Commission shall terminate ten 

g years after the date of the enactment of this Act. 

9 (g) There are authorized to be appropriated 

10 $34,750,000 for acquisition with respect to such Park and 

11 $1,000,000 for development of such Park. 

12 AMERICAN MEMORIAL PARK 

13 Sec. 508. (a) The Secretary acting through the 

14 Director of the National Park Service, is authorized and 

15 directed to develop, maintain, and administer the existing 

16 American Memorial Park (hereinafter in this section referred 

17 to as the "park") , located at Tanapag Harbor Reservation, 

18 Saipan. The park shall be administered for the primary 

19 purpose of honoring the dead in the World War II Mariana 

20 Islands campaign. 

21 (b) The Secretary is authorized and directed to the 

22 maximum extent feasible to employ and train residents of 

23 the Mariana Islands to develop, maintain, and administer 

24 the park. 



203 

87 

2 (c) The Secretary shall provide for interpretative 

2 activities at the park, for which he is authorized to seek the 

3 assistance historians to interpret the historical aspects of the 

4 park. To the greatest extent possible, interpretative activi- 

5 ties shall be conducted in the following four languages: 

6 English, Chamorro, Carolinian, and Japanese. 

7 (d) The Secretary shall transfer administration of the 

8 Park to the government of the Northern Mariana Islands 

9 at such time as the Governor, acting pursuant to legislation 

10 enacted in accordance with sections 5 and 7 of article II of 

11 the constitution of the Northern Mariana Islands, requests 

12 such a transfer. All improvements, including real and 

13 personal property, shall thereupon be transferred without 

14 cost to the government of the Northern Mariana Islands 

15 and thereafter the full cost of development, administration, 

16 and maintenance for the Park shall be borne by the govem- 

17 ment of the Northern Mariana Islands except as provided 

18 in subsection (e) . 

19 (e) For the development, maintenance, and operation 

20 of the park (but not for any acquisition of land or interests 

21 in lands ) , there is hereby authorized to be appropriated the 

22 sum of $3,000,000. Amounts appropriated pursuant to this 

23 subsection shall remain available until expended. 

24 (f) Nothing in this section is intended to alter or 



38-854 O - 79 - n 



204 

88 

1 diminish the authority to exercise the 5-year option con- 

2 tained in article VIII of Public Law 94^241. 

3 (g) Nothing in this section is intended to alter or 

4 diminish the authority to exercise the five-year option con- 

5 tained m article VIII of Public Law 94-241. 

6 PALO ALTO BATTLEFIELD NATIONAL HISTORIC SITE 

7 Sec. 509. (a) In order to preserve and commemorate 

8 for the benefit and enjoyment of present and future genera- 

9 tions an area of unique historical significance as one of only 

10 tw^o important battles of the Mexican War fought on 

11 American soil, the Secretary is authorized to establish the 

12 Palo Alto Battlefield National Historic Site in the State of 

13 Texas. 

14 (b) For the purposes of this section, the Secretary is 

15 authorized to acquire by donation, purchase, or exchange, 

16 not to exceed fifty acres of lands and interests therein in 

17 the vicinity of the site of the battle of Palo Alto, at the 

18 junction of Farm Eoads 1847 and 511, 6.3 miles north of 

19 Brownsville, Texas. The Secretary shall establish the historic 

20 site by publication of a notice to that effect in the Federal 

21 Register at such time as he determines that sufficient prop- 

22 erty to constitute an administrable unit has been acquired. 

23 Pending such establishment and thereafter, the Secretary' 

24 shall administer the property acquired pursuant to this 

25 section in accordance with this section and provisions of 



205 

89 

1 law generally applicable to units of the national park system, 

2 including the Act of August 25, 1916 (39 Stat. 535) and 

3 the Act of August 21, 1935 (49 Stat. 666) . 

4 (c) There are authorized to be appropriated such sums 

5 as may be necessarj- to carry out the provisions of this 

6 section. 

7 SANTA MONICA MOUNTAINS NATIONAL RECREATION 

8 AREA 

9 Sec. 510. (a) The Congress finds that — 

10 (1) there are significant scenic, recreational, edu- 

11 cational, scientific, naiural, archeological, and public 

12 health benefits provided by the Santa Monica Moun- 

13 tains and adjacent coastline area; 

14 (2) there is a national interest in protecting and 

15 preserving these benefits for the residents of and visi- 

16 tors to the area. 

17 (b) There is hereby estal)lished the Santa Monica 

18 Mountains Xational Recreation Area (hereinafter in this 

19 section referred to as the ''recreation area") . The Secre- 

20 tary shall manage the recreation area in a manner which 

21 will preserve its scenic, natural, and historical setting and 

22 its public health value as an aii-shed for the Southern Cali- 

23 foniia metropolitan area while providing for the recreational 

24 and educational needs of the visiting public. The recreation 

25 area shall consist of the lands and waters and interests 



206 

90 

1 therein generally depicted on the map entitled "Boundary 

2 Map, Santa Monica Mountains National Recreation Area, 

3 California", numbered , and dated , 

4 which shall be on file and available for inspection in the 

5 offices of the National Park Service, Department of the 

6 Interior, Washington, District of Columbia, and in the 

7 offices of the General Services Administration in the Federal 

8 Office Building in West Los Angeles, California, and in 

9 the main public library in Ventura, California. 

10 (c) (1) After advising the Cormnittee on Interior and 

11 Insular Affairs of the United States House of Representatives 

12 and the Committee on Energy and Natural Resources of the 

13 United States Senate, in writing, the Secretary may acquire 

14 lands, improvements, waters, or interests therein in donation, 

15 purchase with donated or appropriated funds, transfer from 

16 any Federal agency, exchange, or otherwise. Any land or in- 

17 terests owned therein by the State of California or any polit- 

18 ical subdivision thereof (including any park district or other 

19 public entity) may be acquired only by donation except that 

20 such lands acquired after January 1, 1978 by the State of 

21 California or its political subdivisions may be acquired by 

22 purchase or exchange if the Secretary certifies that the pur- 

23 chase price or value on exchange does not exceed fair market 

24 value on the date the State or political subdivision thereof 

25 acquired the land or interest. Notwithstanding any other pro- 



207 

91 

1 visions of law, any Federal property located within the 

2 boundaries of the recreation area shall, with the concur- 

3 rence of the head of the agency having custody thereof, 

4 be transferred without transfer of funds to the administra- 

5 tive jurisdiction of the Secretary for the purposes of the rec- 

6 reation area. 

7 (2) (A) With respect to improved properties, as de- 

8 fined in this section, the Secretarv^ may acquire scenic ease- 

9 ments or such other interests as, in his judgment, are neces- 

10 sary for the purposes of the recreation area. Fee title to 

11 such improved properties shall not be acquired unless the 

12 Secretary finds that such lands are being used, or are threat- 

13 ened with uses, which are detrimental to the purposes of the 

14 recreation area, or unless ea<?h acquisition is necessar\' to 

15 fulfill the purposes of this section. 

16 (B) For the purposes of this section, the term "im- 

17 proved property" means (i) a detached single-family dwell- 

18 ing, the construction of which was begun before Januarj- 1, 

19 1978 (hereafter referred to as "dwelling") , together with so 

20 much of the land on which the dwelling is situated, the said 

21 land being in the same ownership as the dwelling, as the Sec- 

22 retarj^ shall designate to be reasonably necessary for the en- 

23 joyment of the dwelling for the sole purpose of noncom- 

24 mercial residential use, together with an}* structures neces- 
25. sary to the dwelling which are situated on the land so desig- 



208 

92 

1 nated, or (ii) property developed for agricultural uses, to- 

2 gether with any structures accessor}^ thereto which were so 

3 used on or before Januarj^ 1, 1978. In determining when and 

4 to what extent a property is to be considered an improved 

5 property, the Secretarj^ shall take into consideration the man- 

6 ner of use of such buildings and lands prior to January 1, 

7 1978, and shall designate such lands as are reasonably neces- 

8 sary for the continued enjoyment of the property in the same 

9 manner and to the same extent as existed prior to such date. 

10 (C) The owner of an improved property, as defined in 

11 this section, on the date of its acquisition, as a condition of 

12 such acquisition, may retain for herself or himself, her or his 

13 heirs and assigns, a right of use and occupancy of the im- 

14 proved property for noncommercial residential or agriculture 

15 purposes, as the case may be, for a definite term of not more 

16 than twenty-five years, or, in lieu thereof, for a term ending 

17 at the death of the owner or the death of her or his spouse, 

18 whichever is later. The owner shall elect the term to be re- 

19 served. Unless the property is wholly or partially donated, 

20 the Secretar}^ shall pay to the owner the fair market value 

21 of the property on the date of its acquisition, less the fair 

22 market value on that date of the right retained by the owner. 

23 A right retained by the owner pursuant to this section shall 

24 be subject to termination by the Secretary upon his deter- 

25 mination that it is being exercised in a manner inconsistent 



209 

93 

1 with the purposes of this Act, and it shall terminate by opera- 

2 tion of law upon notification by the Secretarj' to the holder of 

3 the right of such determination and tendering to him the 

4 amount equal to the fair market value of that portion which 

5 remains unexpired. 

6 (3 ) In exercising the authority to acquire property under 

7 this section, the Secretary- shall give prompt and careful 

8 consideration to any offer made by an individual owning 

9 property within the recreation area to sell such property, if 

10 such individual notifies the Secretary that the continued 

11 ownership of such property is causing, or would result in, 

12 undue hardship. 

13 (4) (A) Within six months after the date of enactment 

14 of this Act, in connection with the description of the bound- 

15 aries of the recreation area pursuant to subsection (b), the 

16 Secretary- shall identify the areas within such boundaries 

17 which must be acquired and held in public ownership for 

18 the following critical purposes: Preserv'ation of beaches and 

19 coastal uplands; protection of undeveloped inland stream 

20 drainage basins; comiectiou of existing State and local gov- 

21 erument parks and other publicly owned lands to enhance 

22 their potential for public recreational use ; protection of exist- 

23 ing park roads and scenic corridors, including such right-of- 

24 way and adjacent or related sites as are necessary" for the 

25 development of the Mulholland Scenic Parkway Corridor; 



210 

94 

1 and development and interpretation of historic sites and 

2 recreation areas in connection therewith, to include, but not 

3 limited to, parks, picnic areas, scenic overlooks, hiking trails, 

4 bicycle trails, and equestrian trails. 

5 (B) The Secretary may from time to time revise the 

6 identification of such areas, and any such revisions shall 

7 become effective in the same manner as herein provided for 

8 revisions in the boundaries of the recreation area. 

9 (d) By January 1, 1980, the Secretary shall submit, 

10 in writing, to the Committee on Interior and Insular Aflfairs 

11 of the United States House of Representatives and to the 

12 Committee on Energy and Natural Resources, of the United 

13 States Senate a detailed plan which shall indicate : 

14 (1) the lands and areas identified in subsection 

15 (c)(4)(B), 

16 (2) the lands which he has previous^ acquired 

17 by purchase, donation, exchange, or transfer for the pur- 

18 pose of this recreation area, and 

19 (3) the annual acquisition program (including the 

20 level of funding) recommended for the ensuing five 

21 fiscal years. 

22 (e) The Secretaiy shall administer the recreation area 

23 in accordance with this section and provisions of law gen- 

24 erally applicable to units of the national park system, includ- 

25 ing the Act of August 25, 1916 (39 Stat. 535). In the 



211 



1 administration of the recreation area, the Secretary may 

2 utilize such statutory authority available for the conservation 

3 and management of wildlife and natural resources as appro- 

4 priate to carry out the purpose of this section. The fragile 

5 resource areas of the recreation area shall be administered 

6 on a low-intensity basis. 

7 (f) By January 1, 1982, the Secretary shall submit a 

8 report to the Congress which report shall — 

9 (1) assess the benefits and costs of continued man- 

10 agement as a unit of the national park system, 

11 (2) assess the capability and willingness of the State 

12 of California to manage and operate the recreation area, 

13 and 

14 (3) recommend any changes in ownership, manage- 

15 ment and operation which would better accomplish the 

16 purposes of this title. 

17 (g) The Secretary may enter into cooperative agree- 

18 ments with the State of California, or any political subdivision 

19 thereof, for the rendering, on a reimbursable basis, of rescue, 

20 firefighting, and law enforcement services and cooperative 

21 assistance by nearby law enforcement and fire preventive 

22 agencies. 

23 (h) Notwithstanding any other provision of law, the 

24 Secretary is authorized to accept donations of funds, prop- 

25 erty, or services from individuals, foundations, corporations, 



212 

9« 

1 or public entities for the purpose of land acquisition and 

2 providing services and facilities which the Secretary deems 

3 consistent with the purposes of this section. 

4 (i) The Secretary may, on his or her own initiative, 

5 or at the request of any public agency or local government 

6 having jurisdiction over land located within or adjacent to 

7 the recreation area, assist and consult with the appropriate 

8 officers and employees of such public agency or local gov- 

9 emment in estabHshing zoning laws or ordinances which will 

10 assist in achieving the purposes of this section. In providing 

11 assistance pursuant to this subsection, the Secretary shall 

12 endeavor to obtain provisions in such zoning laws or ordi- 

13 nances which — 

14 ( 1 ) have the effect of prohibiting noncompatible use 

15 of all real property adjacent to the recreation area; 

16 (2) aid in preserving the character of the recrea- 

17 tion area by appropriate restrictions on the use of 

18 real property in the vicinity including, but not limited 

19 to, restrictions upon building and construction of all 

20 types, signs and billboards; the burning of cover; sig- 

21 nificant modifications of natural habitat types; removal 

22 of topsoil, sand, or gravel; dumping, storage, or piling 

23 of refuse; or any other use which would detract from 

24 the esthetic character of the recreation area; and 



213 

97 

1 (3) have the effect of providing that the Seere- 

2 tary shall receive notice of any hearing for the pur- 

3 pose of granting a variance and of any variance granted 

4 under, or of any exception made to, the application of 

5 such law or ordinance. 

6 (j) The Secretary shall give full consideration to the 

7 recommendations of the California Department of Parks 

8 and Eecreation, the California Department of Fish and 

9 Game, the Santa Monica Mountains Comprehensive Planning 

10 Commission, and the California Coastal Commission. 

11 (k) (1) There is hereby established the Santa Monica 

12 Mountains National Recreation Area Advisory Commission 

13 (hereinafter referred to as the "Advisor}- Commission"). 

14 The Advisory Commission shall terminate ten years after 

15 the date of establishment of the recreation area. 

16 (2) The Advisor}^ Commission shall be composed of 

17 the following members to serve for terms of five years as 

18 follows: 

19 (A) one member appointed by the Governor of 

20 the State of California ; 

21 (B) one member appointed by the mayor of the 

22 city of Los Angeles ; 

23 (C) one member appointed by the Board of Super- 

24 visors of Los Angeles County ; 



214 

98 

2 (D) one member appointed by the Board of 

2 Supervisors of Ventura County ; 

3 (E) one member representing the Heritage Con- 

4 servation and Recreation Service, appointed by the 

5 Secretary ; 

Q (F) one member representing the National Park 

7 Service, appointed by the Secretary ; and 

3 (G) one member, appointed by the Secretary, who 

9 shall serve as the Commission Chairperson. 

10 (3) The Advisory Commission shall meet on a regular 

11 basis. Notice of meetings and agenda shall be published 

12 in local newspapers which have a distribution which gen- 

13 erally covers the area. Commission meetings shall be held 

14 at locations and in such a manner as to insure adequate 

15 public involvement. Such locations shall be in the region of 

16 the Santa Monica Mountains and no more than twenty-five 

17 miles from it. 

18 (4) Members of the Commission shall serve without 

19 compensation as such, but the Secretary ma}^ pay expenses 

20 reasonably incurred in carrying out their responsibilities 

21 under this section on vouchers signed by the Chairperson. 

22 (5) The Secretary, or his or her designee, shall from 

23 time to time but at least semiannually, meet and consult 

24 with the Advisory Commission on matters relating to the 



215 

99 

1 development of this recreation area and with respect to 

2 carrying out the provisions of this Act. 

3 (^) (1) There are hereby authorized to be appropriated 

4 such sums as may be necessarj^ to carry out the purposes of 

5 this section, but not more than $50,000,000 each year for 

6 the fiscal years 1979 through 1981, inclusive, such sums to 

7 remain available until appropriated, for the acquisition of 

8 lands and interests in lands. 

9 (2) For the development of essential public facilities 

10 there are authorized to be appropriated not more than 

11 $500,000. 

12 (m) Within two years from the date of establishment 

13 of the recreation area pursuant to this section, the Secretary 

14 shall, after consulting with the Advisor}' Commission, de- 

15 velop and transmit to the House Committee on Interior and 

16 Insular Affairs and the Senate Committee on Energ}'- and 

17 Natural Resources of the United States Congress a general 

18 management plan for the development of the recreation area 

19 consistent with the objectives of this section, indicating — 

20 (1) a plan for visitor use including the facilities 

21 needed to accommodate the health, safety, education and 

22 recreation needs of the visiting public^ 

23 (2) the location and estimated costs of all facilities; 

24 (3) the projected need for any additional facilities 

25 within the area ; 



216 

100 

1 (4) any additions or alterations to the boundaries 

2 of the park and seashore which are necessary or desir- 

3 able to the better carrying out of the purposes of this 

4 section ; and 

5 (5) a plan for preservation of scenic, archeological 

6 and natural values and of fragile ecological areas. 

7 Subtitle B— Trails 

8 MOEMON PIONEER NATIONAL HISTORIC TRAIL 

9 Sec. 551. Section 5(a) of the National Trails System 

10 Act (82 Stat. 919; 16 U.S.C. 1241) is amended by insert- 

11 ing the following new paragraph after paragraph (3) : 

12 "(4) The Mormon Pioneer National Historic Trail, a 

13 route of approximately one thousand three hundred miles ex- 

14 tending from Nauvoo, Illinois, to Salt Lake City, Utah, fol- 

15 lowing the primary historical route of the Mormon Trail as 

16 generally depicted on a map, identified as, ' ' in 

17 the Department of the Interior Mormon Trail study report 

18 dated , and which shall be on file and available 

19 for public inspection in the Office of the Director of the 

20 National Park Service. The Trail shall be administered by 

21 the Secretary of the Interior.". 

22 (b) Section 10 of such Act is amended by inserting after 

23 subsection (a) (2) thefollowmg: 

24 " (3) The Mormon Pioneer National Historic Trail, such 

25 sums as may be necessary.". 



217 
101 

1 OVERMOUNTAIN MEN VICTORY TRAIL 

2 Sec. 552. Section 5(c) of the National Trails Sys- 

3 tem Act (82 Stat. 919; 16 U.S.C. 1241) is amended by 

4 adding at the end thereof the following new paragraph: 

5 "(23) Overmountain Men Victor}- Trail extending 

6 from the vicinity of Elizabethton, Tennessee, bo Kings 

7 Mountain National Military Park, South Carolina.". 

8 CONTINENTAL DIVIDE TRAIL 

9 Sec. 553. Section 5 (a) of the National Trails System 

10 Act (82 Stat. 919; 16 U.S.C. 1241) is amended by add- 

11 ing the following new paragraph at the end thereof: 

12 "(4) The Continental Divide National Scenic 

13 Trail, a trail of approximately thirty-one hundred miles, 

14 extending from the Montana-Canada border to the New 

15 Mexico border, following the approximate route depicted 

16 on the map, identified as 'Proposed Continental Di\ade 

17 National Scenic Trail' in the Department of the Interior 

18 Continental Divide Trail Study Report dated August 

19 1976, The Continental Divide National Scenic Trails 

20 shall be administered by the Secretary of Agriculture in 

21 consultation with the Secretarj^ of the Interior. Not- 

22 "VNithstanding the provisions of section 7 (c) , the use of 

23 motorized vehicles on roads which will be designated 

24 segments of the Continental Divide National Scenic 



218 

102 

1 Trail shall be permitted in accordance with regulations 

2 prescribed by the appropriate Secretary.". 

3 NORTH COUNTEY NATIONAL SCENIC TEAIL 

4 Sec. 554. Section 5 (a) of the National Trails System 

5 Act (82 Stat. 919; 16 U.S.C. 1241) is amended by add- 

6 ing the following new paragraph at the end thereof: 

7 "(5) The North Country National Scenic Trail, a trail 

8 of approximately thirty-two hundred miles, extending from 

9 eastern New York State to the vicinity of Lake Sakakawea 

10 in North Dakota, following the approximate route depicted 

11 on the map identified as 'Proposed North Country Trail- 

12 Vicinity Map' in the Department of the Interior 'North 

13 Country Trail Keport', dated June 1975. The map shall 

14 be on file and available for public inspection in the Office 

15 of the Director, National Park Service, Washington, D.C. 

16 The trail shall be administered by the Secretary of the 

17 Interior.". 

18 AUTHORIZATION OF APPROPRIATIONS 

19 Sec. 5554. For acquisition of lands and interests in land 

20 with respect to the trails included within the national trails 

21 system under this subtitle there is authorized to be appropri- 

22 ated not more than $3,000,000 for each of the three fiscal 

23 years which begins after the date of the enactment of this 

24 Act. Such sums shall remain available until expended. 



219 

103 

1 TITLE VI— MISCELLANEOUS PROVISIONS 

2 OLD FAITHFUL INN AT YELLOWSTONE NATIONAL PAEK 

3 Sec. 601. (a) The Secretar}' is hereby authorized to 

4 acquire and upgrade the Old Faithful Inn at Yellowstone 

5 National Park in the State of Wyoming. 

6 (b) There are hereby authorized to be appropriated to 

7 carry out the purposes of this section, $1,500,000 for 

8 acquisition and $1,500,000 for construction. 

9 YACHT SEQUOIA 

10 Sec. 602. (a) In order to preserve, for the benefit of the 

11 people of the United States, an object having national sig- 

12 nificance because of its association with several Presidents of 

13 the United States and important twentieth century world 

14 leaders, the Secretary shall, in such a manner as he deems 

15 advisable, utilize the authorities contained in the Act en- 

16 titled "An Act to provide for the preservation of historic 

17 American sites, buildings, objects, and antiquities of national 

18 significance, and for other purposes", approved August 21, 

19 1935 (49 Stat. QQ6) to provide for the preservation and 

20 exhibition of the former Presidential yacht Sequoia in the 

21 National Capital Region of the National Park Service. 

22 (b) At such time as suitable protective and interpretive 

23 facilities have been secured, the Secretary shall administer 

24 the Sequoia in accordance with this section and provisions 

25 of law generally applicable to units of the national park 



38-854 O - 79 - 15 



220 

104 

1 system, including the Act of August 21, 1935 (49 Stat. 

2 666; 16 U.S.C. 461 and following). 

3 (c) There are hereby authorized to be appropriated such 

4 sums as may be necessary to caiTy out the purposes of this 

5 section. 

6 RIDGELANDS AEEA STUDY 

7 Sec. 603. (a) In order to consider preserving in their 

8 natural condition appropriate segments of the Ridgelands 

9 east of San Francisco Bay for protection of the area's unique 

10 ecology and topography and for public outdoor recreation, 

11 the Secretary shall study, investigate, and formulate recom- 

12 mendations on the feasibility and desirability of establishing 

13 such area as a unit of the national park system. The Secre- 

14 tary shall consult with the Secretary of Agriculture, the 

15 Chief of Engineers, Department of the Army, and any other 

16 appropriate Federal agencies, as well as with the East Bay 
1'^ Eegional Park District, the Association of Bay Area Gov- 

18 emments, and other State and local bodies and officials in- 

19 volved, and shall coordinate the study with applicable local 

20 and State plans and planning activities relating to the Ridge- 

21 lands. Federal departments and agencies are authorized and 

22 directed to cooperate with the Secretary and, to the extent 

23 permitted by law, to furnish such statistics, data, reports, 

24 and other material as the Secretary may deem necessary for 

25 purposes of the study. 



221 

105 

1 (b) The Secretary shall submit to the President and the 

2 Congress of the United States, within one year after the date 

3 of enactment of this Act, a report of his findings and recom- 

4 mendations. The report of the Secretar}^ shall contain, but not 

5 be limited to, finding with respect to — 

6 (1) the scenic, scientific, historic, natural, and out- 

7 door recreation values of the Ridgelands, including their 

8 use for walking, hiking, horseback riding, bicycling, 

9 swimming, picknicking, camping, forest management, 

10 fish and wildlife management, educational exhibiting, 

11 and scenic and historic site preservation ; 

12 (2) the type of Federal, State, and local programs 

13 that are feasible and desirable in the public interest to 

14 presers'e, develop, and make accessible for public use the 

15 values identified; 

16 (3) the relationship of any recommended national 

17 park, recreation area, or wilderness area to existing or 

18 proposed Federal, State, and local programs to manage 

19 in the public interest the natural resources of the entire 

20 San Francisco Bay area; 

21 (4) alternative means of restoring and presen'ing 

22 the values inherent in the area under present ownei'ship 

23 patterns; and 

24 (5) the development of public land policies con- 
sistent with the protection of private open space land. 



25 



222 

106 

1 (c) There are hereby authorized to be appropriated 

2 such sums as may be necessary to carry out the provisions 

3 of this section. 

4 PENNSYLVANIA AVENUE DEVELOPMENT COEPOEATION 

5 Sec. 604. The Pennsylvania Avenue Development 

6 Corporation Act of 1972 (86 Stat. 1266) is amended as 

7 follows : 

8 (1) In section 3(c) strike out "(6) The Com- 

9 missioner of the District of Columbia;" and substitute 

10 "(6) The Mayor of the District of Columbia;", and 

11 strike out "The Commissioner" and substitute "The 

12 Mayor" in each place it appears in such Act. 

13 (2) In section 3(c) strike out "(7) The Chair- 

14 man, District of Columbia Council;" and insert in lieu 

15 thereof "The Chairman, Council of the District of 

16 Columbia". 

17 (3) In section 3 (g) strike out "( 8 ) The Chairman 

18 of the District of Columbia Kedevelopment Land 

19 Agency." and insert in lieu thereof "(8) The Director 

20 of the District of Columbia Depai'tment of Housing and 

21 Community Development.". 

22 (4) In section 4(a) strike out "subchapter 53" and 

23 insert in lieu thereof "subchapter III of chapter 53". 

24 (5) In section 5 (f ) strike out "The District of Co- 

25 lumbia government, and the District of Columbia Rede- 



223 

107 

1 velopment Land Agency." and insert in lieu thereof 

2 "and the District of Columhia government.". 

3 (6) In section 8(b) strike out "Redevelopment 

4 Land Agency" wherever it occurs and insert in lieu 

5 thereof "government". 

6 C*^) In paragraph (10) of section 6 strike out the 

7 figure "$50,000,000" and insert in lieu thereof 

8 "$100,000,000" and strike out the date "June 3, 1980" 

9 and insert in Heu thereof "September 30, 1990". 

10 (8) In section 6 redesignate paragraphs (19) 

11 through (22) as paragraphs (21) through (24), 

12 respectively, and insert the following new paragraphs 

13 after paragraph (18) : 

14 "(19) shall request the Council of the District 

15 of Columbia, when required for implementation of the 

16 development plan, to close any street, road, highway, 

17 alley, or any part thereof in the development area; if 

18 the title to the street, road, highway, or alley so closed 

19 is in the United States, the Mayor of the District of 

20 Columbia shall convey the title to the land on behalf 

21 of the United States to the Corporation, without cost, 

22 except that the Corporation shall reimburse the District 

23 of Columbia for the administrative expenses of the 
action; if the title to the street, road, highway, or allej' 
so closed is not in the United States, the Mayor shall 



24 
25 



224 

108 

1 convey title to the land on behalf of the District of 

2 Columbia to the Corporation, without cost, except that 

3 the Corporation shall reimburse the District of Colum- 

4 bia for the administrative costs of the action ; if the land 

5 would have reverted to a private abutting property 
Q owned under otherwise applicable law of the District of 

7 Columbia, the Corporation shall pay such owner the 

8 fair market value of the land that would have reverted 

9 to him ; 

10 "(20) may transfer title to, interests in, or juris- 

11 diction over real property which has been acquired by 

12 the Corporation and is to be devoted to public uses under 

13 the development plan, to any agency of the United 

14 States or the District of Columbia; agencies of the 

15 United States or the District of Columbia may accept 

16 such transfers under this paragraph, and shall there- 
in after administer and maintain the property in accordance 

18 with the development plan and the terms of any trans- 

19 fer agreement; the Director of National Park Service 

20 may transfer title to or interest in public reservations, 

21 roadways, spaces, or parks under his jurisdiction within 

22 the development area to the Corporation to facilitate 

23 implementation of the development plan; and, notwith- 

24 standing any other provision of law, the Corporation 



225 

109 

1 may utilize such transferred property for any public or 

2 private development consistent with the plan ;". 

3 (9) In section 17 (a) strike out all after the phrase 

4 "through September 30, 1976;" and insert in lieu 

5 thereof "and $2,000,000 each, for the fiscal years end- 

6 ing September 30, 1979, and September 30, 1980.", 

7 and in section 17(b) strike out all before the proviso 

8 and insert in lieu thereof "To carry out implementation 

9 of the development plan authorized by section 5 of 

10 this Act, there is authorized to be appropriated to the 

11 Corporation until September 30, 1980, such sums as 

12 may be necessary, and any amount so appropriated shall 

13 remain available for obligation until September 30, 

14 1980.". 

15 PRESERVATION OF HISTORICAL AND ARCHAEOLOGICAL 

16 DATA 

17 Sec. 605. (a) Section 7(b) of the Act of June 27, 

18 1960 (74 Stat. 220; 16 U.S.C. 469) is amended by strik- 

19 ing out "and" following "1977;" and by striking out the 

20 period at the end thereof and substituting the following 

21 "; $500,000 in fiscal year 1979; $1,000,000 in fiscal year 

22 1980; $1,500,000 in fiscal year 1981 ; $1,500,000 in fiscal 

23 year 1982; and $1,500,000 in fiscal year 1983.". 

24 (b) Section 7(c) of such Act is amended by striking 

25 out "and" following "1977;" and by striking out the period 



226 

110 

1 at the end thereof and substituting the following: " ; $3,000,- 

2 000 in fiscal year 1979; $3,000,000 in fiscal year 1980; 

3 $3,500,000 in fiscal year 1981; $3,500,000 in fiscal year 

4 1982; and $4,000,000 in fiscal year 1983.". 

5 (c) Section 7 of such Act is amended by adding the 

6 following at the end thereof: 

7 "(d) Beginning with fiscal year 1979, sums appropri- 

8 ated as provided in this section shall remain available until 

9 expended.". 

10 HISTORIC SITES FOR PRESIDENTS AND SPEAKERS OF 

11 THE HOUSE 

12 Sec. 606. (a) The Secretary is authorized to estab- 

13 lish by order, using such guidelines as he deems appropri- 

14 ate, a Historic Site to commemorate each former President 

15 of the United States and each Speaker of the House of 

16 Eepresentatives of the United States who served in that 

17 capacity during the twentieth century, for his deeds, or for 

18 his leadership or for his lifework, or to name a significant 

19 memorial as a suitable tribute to honor such President or 

20 Speaker. 

21 (b) The Secretary shall select the location, and shall 

22 prepare a plan and a study for the development of such 

23 site, and shall submit it to the Committee on Interior and 

24 Insular Affairs of the House of Representatives and the 

25 Committee on Energy and Natural Resources of the U^nited 



227 

111 

1 States Senate no less than six months prior to final desig- 

2 nation of the site. Either Committee hy a vote of the 

3 majority of its members may disai>prove the action of the 

4 Secretary prior to the expiration of such six-month period. 

5 If neither committee has disapproved such action during 

6 such period the Secretary- is authorized to acquire such 

7 lands, or interests in land, or structures as may be neces- 

8 sary to properly exemplify the commemoration to the for- 

9 mer President or Speaker, and may acquire the site by 

10 donation, purchase with donated or appropriated funds, or 

11 by any other means deemed to be appropriate. 

12 (c) Any site established under this section commemo- 

13 rating a fonner President of the United States shall be 

14 administered in accordance with this section and provisions 

15 of law generally applicable to units of the national park 

16 system. 

17 (d) There are hereby authorized to be .appropriated 

18 to cany out the purposes of this section (as described in 

19 the original site plan as proposed to the committees of the 

20 Congress) such sums as may be necessary. 

21 POTENTIAL PARK STUDIES 

22 Sec. 607. In addition to other amounts available for 

23 such purposes, there are hereby authorized to be appro- 

24 priated not more than $10,000,000 to be used by the Secre- 

25 tary for carrying out detailed studies of areas which may be 



228 

112 

1 suitable for inclusion in the national park system. Such 

2 amounts may not be used to carry out any study which is 

3 specifically authorized to be carried out under any other 

4 provision of law. 

5 STUDIES AND MANAGEMENT PLANS 

6 Sec. 608. The Act entitled "An Act to improve the 

7 administration of the national park system by the Secretary 

8 of the Interior, and to clarify the authorities applicable to 

9 the system, and for other purposes" (84 Stat. 825) is 

10 amended as follows: 

11 (1) At the end of section 8 add the following: 

12 "For the purposes of carrying- out the studies for poten- 

13 tial new park system units and for monitoring the 
■•■^ welfare of those resources, there are authorized to be 
^^ appropriated annually not to exceed $3,000,000. For 

the purposes of monitoring the welfare and integrity of 



16 



17. 

the national landmarks, there are authorized to be appro 

■^^ priated annually not to exceed $1,500,000.". 

19 



20 
21 
22 
23 
24 
25 
26 



(2) Delete section 12(b) and insert in heu the 

following : 

"(b) General management plans for the preservation 
and use of each unit of the national park system, includ- 
ing areas within the national capital area, shall be prepared 
and revised in a timely manner by the Director of the 
National Park Service. On January 1 of each year, the 
Secretary shall submit to the Congress a list indicating the 



229 

113 

1 current status of completion or revision of general manage- 

2 ment plans for each unit of the national park system. 

3 General management plans for each unit shall include, 

4 but not be limited to : 

5 " ( 1 ) measures for the preser\'ation of the area's 

6 resources ; 

7 "(2) indications of types and general intensities 

8 of development (including visitor circulation and trans- 

9 portation patterns, systems and modes) associated with 

10 public enjoyment and use of the area, including general 

11 locations, timing of implementation, and anticipated 

12 costs ; 

13 "(3) identification of and implementation commit- 
■*•* ments for visitor canying capacities for all areas of the 
•^^ unit ; and 

•^" "(4) indications of potential modifications to the 

^' external boundaries of the unit, and the reasons 

^^ therefor.". 

(c) In section 12(c) delete "or exceeding five years" 
and insert "or of five years or more". 

OAK CREEK CANYON AND CHIBICAHUA NATIONAL 
MONUMENT STUDIES 

Sec. 609. (a) In recognition of the need for and 
desirability of protecting the Oak Creek Canyon, Yavapai, 
and Soldiers Wash-Mormon Canyon areas in Arizona as a 
unit or miits of the national palik system, the Secretaiy, in 



19 

20 
21 
22 
23 
24 
25 
26 



230 

114 

1 cooperation with the Secretary of Agriculture where national 

2 forest lands are involved, shall conduct a study to determine a 

3 suitable boundary for such unit or units of the system, includ- 

4 ing the areas referred to herein together with such lands as 

5 may be appropriate to provide for their protection and ad- 

6 ministration as a national monument or other unit of the 

7 national park system. Such study shall be conducted in con- 

8 sultation with appropriate units of local government con- 

9 cemed and the Sedona-Oak Creek Canyon Interagency Task 

10 Force. 

11 (b) The Secretary, in cooperation with the Secretary 

12 of Agriculture where national forest lands are involved, shall 

13 conduct a study of the boundary of Chiricahua National 

14 Monument, Arizona, to determine the appropriate location 

15 of a boundary line for additions to the monument which in- 

16 eludes such highly scenic features as Cochise Head and which 
1'7 is located to the extent practicable on natural topographic 

18 features. 

19 (c) A report of each study conducted pursuant to sub- 

20 sections (a) and (b) of this section shall be submitted by the 

21 Secretary to the Committee on Interior and Insular Affairs of 

22 the House of Representatives and the Committee on Energy 

23 and Natural Resources of the Senate not later than one year 

24 following the date on which funds are appropriated for the 

25 purpose of the study. Each report shall include a map or 



231 

115 

2 other description of the boundary det^^rmined as a result of 

2 the study, a description of the natural, scenic, and cultural 

3 features within the boundary, and the recommendation of the 

4 Secretary with respect to such further legislation as may be 

5 appropriate. 

6 APPROPRIATE AGENCY PROCEDI'RES 

7 Sec. 610. It is the established policy of Congress that 

8 wilderness, wildlife conservation, and park and recreation 

9 values of real property owned by the United States be con- 

10 served, enhanced, and developed. It is further declared to be 

11 the policy of Congress that unutilized, underutilized, or ex- 

12 cess Federal real property be timely studied as to suitability 

13 for wilderness, wildlife consers-ation, or park and recreation 

14 purposes. To implement this policy, the Secretan', the Ad- 

15 ministrator of Geneial Services, and the Director of the 

16 OflSce of Management and Budget shall establish a system 

17 with appropriate procedures to permit the Secretary- full 

18 and early opportunity to make such studies and propose 

19 appropriate recommendations to disposing agencies for con- 

20 sideration in connection with determinations of further 

21 utilization or disposal of such property under existing law. 

22 Each affected executive agency is authorized and directed to 

23 provide to the Secretar)' such advice and information relat- 

24 ing to such studies as the Secretarj- may request. 



232 
116 

1 DATE CHANGE 

2 Sec. 611. (a) The first sentence of section 6(f) (7) of 

3 the Land and Water Conservation Fund Act (78 Stat. 897) 

4 is amended by inserting ", so as to be received by the Sec- 

5 retary no later than December 1," after the word "transmit". 

6 (b) The third sentence of such section 6(f) (7) of 

7 such Act is amended by striking out the period and inserting 

8 in lieu thereof "by no later than February 15 of each 

9 year.". 

10 RECREATION PROGRAMS 

11 Sec. 612. (a) The Congress finds that the quality of life 

12 in urban areas is closely related to the availability of fully 

13 functional park and recreation systems, including land, fa- 
^^ cilities, and service programs. The Congress further finds that 
^^ many cities and insular areas have recreation systems which 
•^" are seriously deteriorated and that no existing Federal as- 

* sistance program fully addresses the needs for physical re- 
^° habilitation of these systems. The purposes of this section are 
to complement existing Federal grant programs such as the 
Land and Water Conservation Fund grant program and the 
Community Development block grant program by providing 
funds for and authorizing Federal grants to communities spe- 

no 

cifically for the rehabilitation and development of critically 

24 .... 

needed recreation facilities. 

(b) The Secretary is authorized to provide financial 

no 

assistance for rehabilitation and development of recreation 



233 

117 

1 areas and facilities in the fomi of grants to local govem- 

2 ments in urban and insular areas. Such assistance, except as 

3 otherwise provided herein, shall be subject to such terms and 

4 conditions as the Secretary considers appropriate and in the 

5 public interest to carrj' out the purposes of this section. 

6 (c) For the purposes of this section — 

7 ( 1 ) "recreation facilities" means indoor or outdoor 

8 facilities which are intended to serve the close-to-home 

9 recreation needs of conamunity residents, with emphar 

10 sis on public facilities readily accessible to residential 

11 neighborhoods, including multiple-use communitj^ cen- 
12- ters which have recreation as one of their primary pur- 

13 poses, but excluding major sports arenas, exhibition 

14 areas and conference halls used primarily for commercial 

15 sports, spectator or display activities ; 

16 (2) "recreation areas" means existing parks or 

17 buUding sites now dedicated to recreation purposes and 

18 administered by public agencies for use by the general 

19 public, or sites having potential for serving recreation 

20 needs ; 

21 (3) "grants" means matching capital grants to 

22 public agencies for the purpose of rebuilding, remodel- 

23 ing, expanding, or developing outdoor or indoor recrea- 

24 tion areas and facilities in urban areas, including im- 

25 provements in park landscapes, buildings and support 



234 

il8 

J facilities, but excluding routine operation and mainte- 

2 nance aQtivities ; 

3 (4) "maintenance" means all commonly accepted 

4 practices necessary to keep recreation areas and facUi- 

5 ties operating in a state of good repair and to protect 

6 them from deterioration resulting from normal wear and 

7 tear; 

8 (5) "general purpose local government" means 

9 any city, county, town, township, parish, village or 

10 other general purpose political subdivision of a State, 

11 including the District of Columbia, and insular areas; 

12 (6) "special purpose local government" means 

13 any local or regional special district, public-purpose 

14 corporation or other limited political subdivision of a 

15 State, including but not limited to school districts, park 
1^ authorities, and park, conservation, water or sanitary 
1'^ districts ; 

18 (7) "State" means any State of the United States 

19 or any instrumentality of a State approved by the Gov- 

20 emor; the District of Columbia; the Commonwealth of 

21 Puerto Rico, and insular areas ; and 

22 (8) "insular areas" means Guam, the Virgin 
2^ Islands, American Samoa, and the Northern Mariana 
24 Islands. 



235 

119 

1 (d) (1) The Secretary' is authorized to provide 50 per 

2 cent matching grants directly to eligible general pur- 

3 pose local governments upon his approval of applications 

4 therefor by the chief executives of such governments. At 

5 the discretion of such applicants, and with the approval of 

6 the Secretary, and if consistent with an approved application, 

7 grants may be transferred to independent special purpose 

8 local governments: Provided, That recreation areas and 

9 facilities owned or manjaged by them offer recreation op- 

10 portunities to the general population in their service areas. 

11 (2) Eligibility of general purpose local governments for 

12 grants shall be based upon need as determined by the Sec- 

13 retary. Within one hundred and twenty days after the enact- 

14 ment of this section, the Secretary shall pubHsh in the 

15 Federal Register a list of the general purpose local govem- 

16 ments eligible to receive matching grants, together with a 

17 discussion of criteria used in their selection. Such criteria 

18 shall be based upon the minimum standards for physical 

19 and economic distress established for urban development 

20 action grants. The Secretary shall also establish priority 

21 criteria for project selection and approval which consider 

22 such factors as population, age and condition of existing 

23 recreation areas and facilities, existing deficiencies of recre- 

24 ation opportunities, and public participation in detennining 

25 rehabilitation or development needs, along with the extent 



38-854 O - 79 - 16 



236 

120 

1 to which a project is part of an overall commitment to 

2 improve and maintain a comprehensive park and recrea- 

3 tion system, and the amount of State, local, and private 

4 support for a project as evidenced by commitments of non- 

5 Federal resources. 

6 (3) As a requirement for project appl'oval, local govem- 

7 ments applying for grants must submit to the Secretary 

8 interim evidence of commitments to ongoing rehabUita- 

9 tion, operation, maintenance, and service programs and plan- 

10 ning for their overall park and recreation systems. Such 

11 commitments should maximize coordination of all commu- 

12 nity resources, including other federally supported urban 

13 development and recreation programs. Within one year after 
^^ the publication of the list of ehgible governments as pro- 
1^ vided in this subsection, all local applicants must submit 
^" to the Secretary, as a condition of eligibility, complete parV 
^' and recreation plans identifying overall rehabilitation, devel- 
^° opment, and maintenance objectives for the entire park and 
^^ recreation system and including commitments from local 
^" governing bodies to meet minimum rehabilitation and main- 
^^ tenance goals. The Secretary shall establish and publish in 
^^ the Federal Register requirements for preparation and up- 
^^ dating of local park and recreation plans. 

^* (4) The Secretary is authorized to provide 50 per cent 
matching grants for program development and planning 
specifically to meet the objectives of this section. 



237 

121 

1 (5) The local shares of project costs assisted under this 

2 section may include Federal or State revenue-sharing funds, 

3 Federal community development block grants, State cate- 

4 gorical grants, special appropriations, donations of land, 

5 buildings or building materials or in-kind construction, or 

6 both, technical and planning services. Reasonable local costs 

7 of plans or program development to meet the requirements of 

8 of this subsection may be used as part of the local match only 

9 when local applicants have not received program develop- 

10 ment grants under the authority of this subsection. The 

11 Secretary shall encourage States and private interests to 

12 contribute, to the maximum extent possible, to the non- 
13 Federal share of its project costs. The amount of State and 

14 private contributions to the project shall be considered as 

15 one factor in rating projects for approval. 

16 ( 6 ) Xo property improved or developed with assistance 

17 under this section shall, without the approval of the Secre- 

18 tary, be converted to other than public recreation uses. The 

19 Secretar}^ may approve such conversion only if he finds it 

20 to be in accord with the then existing local park and 

21 recreation plan and only upon such conditions as he deems 

22 necessary to assure the substitution of adequate recreation 

23 properties and opportunities of reasonably equivalent loca- 

24 tion and usefulness. 

25 (e) The Secretary shall— 



238 

122 

2 (1) coordinate the program to the fullest extent 

2 possible with other Federal departments and agencies 

3 and with State agencies which administer programs 

4 and policies affecting urban areas, including but not 

5 limited to, programs in natural resources management^ 

6 housing, urban development, employment, transporta- 

7 tion, community services, and voluntary action; 

8 (2) encourage maximum coordination of the pro- 

9 gram between appropriate State agencies and local 

10 applicants ; 

11 (3) require that no entrance fee be charged to 

12 property improved, developed, or rehabilitated under 

13 this section; and 

14 (4) require that local applicants include provisions 

15 for participation of community and neighborhood resi- 

16 dents, and for public and private coordination, in 

17 rehabilitation and development planning and project 

18 selection. 

19 (f) (1) There are hereby authorized to be appropriated 

20 such sums as may be necessary for the Secretary to ad- 

21 minister this section. There are hereby authorized to be ap- 

22 propriated for the grants authorized by this section, not to 

23 exceed $150,000,000 for each of the fiscal years 1979 

24 through 1983, such sums to remain available until expended. 



239 

123 

1 (2) Notwithstanding any other provision of this Act, 

2 or any other law, or regulation, there is further authorized 

3 to be appropriated $250,000 for each of the fiscal years 1979 

4 through 1983, such suras to remain available until expended, 

5 to each of the insular areas. Such sums will not be subject 

6 to the matching provisions of this section, and may be 

7 subject to such conditions, reports, plans, and agreements, 

8 if any, as detennined by the Secretary. 

9 ( 3 ) Not more than 3 percent of the funds authorized in 

10 any fiscal year may be used for grants for the development 

11 of local park and recreation plans and programs pursuant to 

12 subsection ( d ) of this section. 

13 HELLS CANYON NATIONAL RECREATION AREA 

14 Sec. 613. The words "September 1975" in section 1 (b) 

15 of the Act of December 31, 1975 (Public Law 94-199), 

16 are deleted and replaced with the words "May 1978," to 

17 clarify that the boundary between Saulsberry and Freezeout 

18 Saddles is the hydrologic divide. 

19 TITLE VII— WILD AND SCENIC RIVERS 

20 ACT AMENDMENTS 

21 Subtitle A — Addition of Segments 

22 ADDITION OF PERE MAEQUETTE SEGMENT 

23 Sec. 701. Section 3 (a) of the Wild and Scenic Rivers 

24 Act is amended by adding the following new paragraph at 

25 the end thereof : 



240 

124 

1 "(17) Pere Marquette, Michigan.— The segment 

2 downstream from the junction of the Middle and Little South 

3 Branches to its junction with United States Highway 31 as 

4 generally depicted on the boundary map entitled 'Proposed 

5 Boundary Location, Pere Marquette Wild and Scenic 

6 River,'; to be administered by the Secretary of Agriculture. 

7 After consultation with State and local governments and the 

8 interested public, the Secretary shall take such action as is 

9 provided for under subsection (b) with respect to the seg- 

10 ment referred to in this paragraph within one year from the 

11 date of enactment of this paragraph. For the purposes of 

12 carrying out the provisions of this Act with respect to the 

13 river designated by this paragraph, there are authorized to be 

14 appropriated not more than $8,125,000 for the acquisition of 

15 lands or interests in lands and $402,000 for development". 

16 ADDITION OF RIO GRANDE SEGMENT 

17 Sec. 702. Section 3 (a) of the Wild and Scenic Eivers 

18 Act is amended by adding the following new paragraph at 

19 the end thereof : 

20 "(18) Rio Grande, Texas.— The segment on the 

21 United States side of the river from river mile 842.3 above 

22 Mariscal Canyon downstream to river mile 651.1 at the Ter- 

23 rell-Val Verde County line; to be administered by the Sec- 

24 retary of the Interior. The Secretary shall, within two years 

25 after the date of enactment of this paragraph, take such action 



241 

125 

1 with respect to the segment referred to in this paragraph as 

2 is provided for under subsection (b) . The action required by 

3 such subsection (b) shall be undertaken by the Secretary, 

4 after consultation with the United States Commissioner, In- 

5 temational Boundarj- and Water Commission, United States 

6 and Mexico, and appropriate officials of the State of Texas 

7 and its political subdivisions. The development plan required 

8 by subsection (b) shall be construed to be a general man- 

9 agement plan only for the United States side of the River and 

10 such plan shall include, but not be limited to, the establish- 

11 ment of a detailed boundaiy which shall include an average of 

12 not more than 160 acres per mile. Nothing in this Act shall 

13 be construed to be in conflict with — 

14 "(A.) the commitments or agreements of the United 

15 States made by or in pursuance of the treaty between 

16 the United States and Mexico regarding the utilization 

17 of the Colorado and Tijuana Eivers and of the Rio 

18 Grande, signed at Washington, February 1944 (59 Stat. 

19 1219), or 

20 (B) the treaty between the United States and 

21 Mexico regarding maintenace of the Rio Grande and 

22 Colorado River as the international boundary' between 
the United States and Mexico, signed November 23, 



23 



24 1970. 

For puri)oses of carnnng out the provisions of this Act with 



242 

126 

1 respect to the river designated by this paragraph, there are 

2 authorized to be appropriated such sums as may be neces- 

3 sary, but not more than $1,650,000 for the acquisition of 

4 lands and interests in lands and not more than $1,800,000 

5 for development.". 

6 ADDITION OF SKAGIT SEGMENTS 

7 Sec. 703. Section 3 (a) of the Wild and Scenic Rivers 

8 Act is amended by adding the following new paragraph at 

9 the end thereof: 

10 " (19) Skagit, Washington.— The segment from the 

11 pipeUne crossing at Sedro-Woolley upstream to and includ- 

12 ing the mouth of Bacon Creek; the Cascade River from its 

13 mouth to the junction of its North and South Forks; the 

14 South Fork to the boundary of the Glacier Peak Wilderness 

15 Area; the Suiattle River from its mouth to the boundary of 

16 the Glacier Peak Wilderness Area at Milk Creek; the Sauk 

17 River from its mouth to its junction with Elliott Creek; the 

18 North Fork of the Sauk River from its junction with the 

19 South Fork of the Sauk to the boundaiy of the Glacier Peak 

20 Wilderness Area; as generally depicted on the boundary map 

21 entitled 'Skagit River — River Area Boundar)'-' ; all segments 

22 to be administered by the Secretary of Agriculture. Rip- 

23 rapping related to natural channels with natural rock along 

24 the shorelines of the Skagit segment to preserve and protect 

25 agricultural land shall not be considered inconsistent with the 



243 

127 

1 values for which such segment is designated. After consulta- 

2 tion with afifected Federal agencies, State and local govern- 

3 ment and the interested public, the Secretary shall taJte such 

4 action as is provided for under subsection (b) with respect 

5 to the segments referred to in this paragraph within one year 

6 from the date of enactment of this paragraph ; as part of such 

7 action, the Secretary of Agriculture shall investigate that por- 

8 tion of the North Fork of the Cascade River from its conflu- 

9 ence with the South Fork to the boundary of the North Cas- 
ICf cades National Park and if such portion is found to qualify 

11 for inclusion, it shall be treated as a component of the wild 

12 and scenic river system designated under this section upon 

13 publication by the Secretary of notification to that efifect in 

14 the Federal Register. For the purposes of carrying out the 

15 provisions of this Act with respect to the river designated by 

16 this paragraph there are authorized to be appropriated not 

17 more than $11,734,000 for the acquisition of lands or inter- 

18 est in lands and not more than $332,000 for development." 

19 ADDITION OF UPPEE MISSISSIPPI SEGMENTS 

20 Sec. 704. Section 3 (a) of the Wild and Scenic Rivers 

21 Act is amended by adding the following new paragraph at 

22 the end thereof: 

23 "(20) Upper Mississippi, Minnesota.— The upper 

24 ten segments of those segments of the river qualifj'ing for 

25 designation between the northwestern corporate boundary 



244 

128 

1 of Anoka and the outlet of Lake Itasca, as generally depicted 

2 and classified on the drawing designated as 'figure l-qualify- 

3 ing segments' contained in the Secretary's report entitled 

4 'Upper Mississippi — A Wild and Scenic River Study', dated 

5 April 1977. The Secretary may designate lands owned by 

6 the Chippewa Indian Tribe as part of the Upper Mississippi 

7 component only with the consent of the tribal governing 

8 body. The Secretary, in consultation with the Secretary of 

9 Agriculture and appropriate ofiicials of the State of Minne- 

10 sota and its political subdivisions, shall take such action as 

11 is provided for under subsection (b) of this section with re- 

12 spect to the segments designated under this paragraph within 

13 two years after the date of enactment of this paragraph. The 

14 development plan required by subsection (b) shaU be 

15 construed to be a comprehensive master plan which shall in- 

16 elude, but not be limited to, the delineation of detailed bound- 

17 aries for the Upper Mississippi component, and specific 

18 plans for its acquisition, development, and management, in- 

19 eluding provision for continued administration by the Secre- 

20 tary of Agriculture of lands within the Chippewa National 

21 Forest, For the purposes of carrjdng out the provisions of 

22 this Act with respect to the river designated by this para- 

23 graph, there are authorized to be appropriated not more than 

24 $16,500,000 for the acquisition of lands and interests in 

25 lands and not more than $3,300,000 for development.". 



245 
129 

1 ADDITION OF UPPEE DELAWAEE SEGMENT; SPECIAL 

2 PROVISIONS 

3 Sec. 705. (a) Section 3(a) of the Wild and Scenic 

4 Rivers Act is amended by adding the following new para- 

5 graph at the end thereof : 

6 "(21) Upper Delaware Rhter, New York and 

7 Pennsylvania. — The segment of the Upper Delaware 

8 River from the confluence of the East and West branches 

9 below Hancock, New York, to the existing railroad bridge 

10 immediately downstream of Cherry Island in the vicinity of 

11 Sparrow Bush, New York, as depicted on the boundary map 

12 entitled 'The Upper Delaware Scenic and Recreational 

13 River' dated April 1978; to be administered by the Secre- 

14 tary of the Interior. Subsection (b) of this section shall not 

15 apply, and the boundaries and classifications of the river 

16 shall be as specified on the map referred to in the preceding 

17 sentence, except to the extent that such boundaries or classi- 

18 fications are modified pursuant to section 705 (c) of the 

19 National Parks and Recreation Act of 1978. Such bound- 

20 aries and classifications shall be published in the Federal 

21 Register and shall not become effective until ninety days 

22 after they have been forwarded to the Committee on Interior 

23 and Insular Affairs of the United States House of Repre- 

24 sentatives and the Committee on Energy and Natural Re- 

25 sources of the United States Senate. For purposes of carry- 



246 

130 

1 ing out the provisions of this Act with respect to the river 

2 designated by this paragraph there are authorized to be ap- 

3 propriated such sums as may be necessary,". 

4 (b) (1) Notwithstanding any requirement to the con- 

5 trary contained in section 6 (c) of the Wild and Scenic 

6 Rivers Act, within one hundred and eighty days after the 

7 date of enactment of this Act, the Secretary shall publish in 

8 the Federal Register general guidelines for land and water 

9 use control measures to be developed and implemented by 

10 the appropriate officials of the States of New York and 

11 Pennsylvania (hereinafter referred to as the "directly af- 

12 fected States") , by the local political subdivisions, and by 

13 the Delaware River Basin Commission (hereinafter referred 

14 to as the "Conmiission") . The Secretary shall provide for 

15 participation in the development of the said general guide- 

16 lines by all levels of State, county, and local government, 
1*^ and concerned private individuals and organizations, and also 

18 shall seek the advice of the Upper Delaware Citizens Advis- 

19 cry Council established in subsection (f) (hereinafter refer- 

20 red to as the "Advisory Council") . In each of the directly 

21 affected States, prior to publication of such general guide- 

22 Imes, public hearings shall be conducted by the Secretary, 

23 or his designee, in the region of the Upper Delaware River 

24 designated by subsection (a) (hereinafter in this section re- 

25 f erred to as the "Upper Delaware River") . 



247 

131 

1 (2) The Secretary may from time to time adopt 

2 amended or revised guidelines and shall do so in accord-' 

3 ance with the provisions of para^aph (1) hereof. 

4 (c) (1) Within three years from the date of the enact- 

5 ment of this Act, the Commission, in cooperation with the 

6 National Park Service, the Advisory Oomicil, the directly 

7 affected States and their concerned political subdivisions and 

8 other concerned Federal agencies, shall develop, approve, 

9 and submit to the Secretary and to the Governors of the 

10 directly affected States a management plan (hereinafter in 

11 this section referred to as the "management plan" or "the 

12 plan") for the Upper Delaware River which shall provide 

13 for as broad a range of land and water uses and scenic 

14 and recreational activities as shall be compatible with the 

15 provisions of this section, the Wild and Scenic Rivers Act, 

16 and the general guidelines for land and water use controls 

17 promulgated by the Secretary under the provisions of sub- 

18 section (b) . 

19 (2) The plan shall apply to the Upper Delaware River 

20 and shall set forth — 

21 (A) a map showing detailed final landward bound- 

22 aries, and upper and lower termini of the area and the 

23 specific segments of the river classified as scenic and 

24 recreational, to be administered in accordance with such 

25 classifications ; 



248 

132 

2 (^) ^ program for management of existing and 

2 future land and water use, including the application of 

3 available management techniques; 

4 (C) an analysis of the economic and environmen- 

5 tal costs and benefits of implementing the management 
Q plan, including any impact of the plan upon revenues 

7 and costs of local government; 

8 i^) ^ program providing for coordinated imple- 

9 mentation and administration af the plan with proposed 

10 assignment of responsibilities to the appropriate govem- 

11 mental unit at the Federal, regional. State, and local 

12 levels; and 

13 (E) such other recommendations or provisions as 

14 shall be deemed appropriate to carry out the purposes 

15 of this section. 

16 (3) Immediately following enactment of this Act, the 

17 Secretary, through the National Park Service or such other 

18 designee, shall develop and implement such interim pro- 

19 grams as he shall deem necessary and appropriate to protect 

20 the Upper Delaware River and its environs and to protect 

21 the public health and safety. Such interim programs shall 

22 include provisions for information to river users, education 

23 and interpretation activities, and regulation of recreational 

24 use of the river. 



249 

133 

1 (4) To enable the directly affected States and their 

2 political subdivisions to develop and implement programs 

3 compatible with the management plan, the Secretary and 

4 the Commission shall provide such technical assistance to 

5 the said States and their political subdivisions as the Secre- 

6 tary or the Conmiission, as the case may be, deems 

7 appropriate. 

8 (5) The Commission shall promote pubdic awareness 

9 of and participation in the development of the management 

10 plan, and shall develop and conduct a concerted program 

11 to this end.. Prior to fmal submission of the management 

12 plan by the Commission to the Secretary, the Commission 

13 shall hold two or more pubhc hearings in the Upper Dela- 

14 ware Kiver region of each directly affected State. 

15 (6) Upon approval of the management plan by the Sec- 

16 retary, it shall be published in the Federal Kegister and shall 

17 not become effective until ninety days after it shall have 

18 been forwarded to the Committee on Interior and Insular 

19 Affairs of the United States House of Representatives and 

20 the Committee on Energy- and Natural Resources of the 

21 United States Senate. The plan shall be administered by the 

22 Secretary in accordance with the provisions of this section 

23 and the Wild and Scenic Rivers Act. The Secretary is here- 

24 by granted such authority as may be required to implement 

25 and administer said plan. 



250 

134 

1 (d) Notwithstanding any provision of the Wild and 

2 Scenic Eivers Act, the Secretary may not acquire more than 

3 a total of four hundred and fifty acres of land and interests 

4 in land for access, development sites, the preservation of 

5 scenic qualities, or for any other purpose: Provided, That 

6 the Secretary may acquire additional land and interests in 

7 land for such purposes not in excess of one thousand acres 

8 if such additional acquisition is reconmiended and provided 

9 for in the management plan as finally approved by the Sec- 

10 retary. The limitations contained in this section shall not 

11 apply under the circumstances set forth in subsection (e) 

12 (4) of this section. Prior to acquisition of any land or inter- 

13 ests in land which has been used for business purposes during 

14 the annual period immediately preceding the date of the en- 

15 actment of this Act, the Secretary shall first make such ef- 

16 forts as he deems reasonable to acquire easements or restric- 

17 tive covenants, or to enter into any other appropriate agree- 

18 ments or arrangements with the owners of said land, con- 

19 sistent with the purposes of this section. 

20 (e) (1) For the purpose of protecting the integrity of 

21 the Upper Delaware River, the Secretary shall review all 

22 relevant local plans, laws, and ordinances to determine 

23 whether they substantially conform to the approved man- 

24 agement plan provided for in subsection (c) and to the gen- 
2^ eral guidelines promulgated by the Secretary pursuant to 



251 

185 

1 subsection (b) . Additionally, the Secretary shall determine 

2 the adequacy of enforcement of such plans, laws, and ordi- 

3 nances, including but not limited to review of building per- 

4 mits and zoning variances granted by local governments, and 

5 amendments to local laws and ordinances. 

6 (2) The purpose of such reviews shall be to determine 

7 the degree to which actions by local governments are com- 

8 patible with the purposes of this^ section. Following the ap- 

9 proval of the management plan and after a reasonable pe- 

10 nod of time has elapsed, but not less than two years, upon a 

11 findmg by the Secretary that such plans, laws, and ordi- 

12 nances are nonexistent, are otherwise not in conformance 

13 with the management plan or guidelines, or are not being 

14 enforced in such manner as will carry out the purposes of 

15 this section (as determined by the Secretary) , the Secre- 

16 tary may exercise the authority available to him under the 

17 provisions of paragraph (4) hereof. 

18 (3) To facilitate administration of this section, the Sec- 

19 retary may contract with the directly affected States or their 

20 political subdivisions to provide, on behalf of the Secretary, 

21 professional services necessary for the review of relevant local 

22 plans, laws, and ordinances, and of amendments thereto and 

23 variances therefrom, and for the monitoring of the enforce- 

24 ment thereof by local governments having jurisdiction over 

25 any area in the region to which the management plan ap- 



38-854 O - 79 - n 



252 

186 

1 plies. The Secretary shall notify the appropriate State or lo- 

2 cal officials as to the results of his review under this section 

3 within forty-five days from the date he receives notice of 

4 the local government action. 

5 (4) In those sections of the Upper Delaware River 

6 where such local plans, laws, and ordinances, or amendments 

7 thereto or variances therefrom, are found by the Secretary 

8 not to be in conformance with the guidelines or the manage- 

9 ment plan promulgated pursuant to subsections (b) and (c) 

10 of this section, respectively, or are not being enforced in such 

11 manner as will carry out the purposes of this section (as de- 

12 termined by the Secretary) , the Secretary is hereby author- 

13 ized to acquire land or interests in land in excess of the 

14 acreages provided for in subsection (d) of this section. Land 

15 and interests in land acquired pursuant to this subsection shall 

16 be restricted to the geographical area of the local govem- 

17 mental unit failing to conform with the said guidelines or 

18 management plan, and shall be limited to those lands clearly 

19 and directly required, in the judgment of the Secretary, for 

20 protection of the objectives of this Act. The total acreage of 

21 land and interests in land acquired pursuant to this subsection 

22 shall not in any event exceed the limitations contained in sec- 

23 tion 6 (a) of the Wild and Scenic Rivers Act. This subsec- 

24 tion shall apply notwithstanding the first sentence of section 

25 6 (c) of the Wild and Scenic Rivers Act. Notwithstanding 



253 

« 

137 

1 any limitation on amounts authorized to be appropriated for 

2 acquisition of land and interests in land which is contained in 

3 section 3 (a) (21) of the Wild and Scenic Rivers Act or in 

4 any other provision of law, there are authorized to be appro- 

5 priated such sums as may be necessary to cam- out this 

6 subsection, 

7 (f) (1) At the eariiest practiiCAble date following enact- 

8 ment of this Act, but no later than one hundred and twenty 

9 days thereafter, there shall be established an Upper Delaware 

10 Citizens Advisory Council. The Advisor\' Council shall en- 

11 courage maximum pubUc involvement in the development 

12 and implementation of the plans and programs authorized by 

13 this section. It shall report to the Commission and the Sec- 

14 retary from time to time during preparation of the manage- 

15 ment plan. Following completion of the management plan, it 

16 shall report to the Secretarj- and the Governors of the di- 

17 rectly affected States no less frequently than once each year 

18 its recommendations, if any, for improvement in the pro- 

19 grams authorized by this Act, or in the programs of other 

20 agencies which may relate to land or water use in tlie Upper 

21 Delaware River region. 

22 (2) Membership on the Advisor}' Council shall consist 

23 of seventeen members appointed as follows: there shall 

24 be— 



254 

138 

1 (A) six members from each of the directly affected 

2 States appointed by the Secretary from nominations sub- 

3 mitted by the legislatui*es of the respective counties and 

4 appointed such that two members shall be from each of 

5 Orange, Delaware, and SuUivan Counties, New York, 

6 and three members shall be from each of Wayne and 

7 Pike Counties, Pennsylvania (at least one appointee 

8 from each county shall be a permanent resident of a mu- 

9 nicipality abutting the Upper Delaware Kiver) ; 

10 (B) two members appointed at large by each Gov- 

11 emor of a directly affected State ; and 

12 (C) one member appointed by the Secretary. 

13 The Secretary shall designate one of the aforesaid members 

14 to serve as Chairperson of the Advisory Council who shall be 

15 a permanent resident of one of the aforementioned counties. 

16 Vacancies on the Advisory Council shall be filled in the same 

17 manner in which the original appointment was made. Mem- 

18 bers of the Advisory Council shall serve without compensar 

19 tion as such, but the Secretary is authorized to pay expenses 

20 reasonably incurred by the Advisory Council in carrying out 

21 its responsibilities under this Act on vouchers signed by the 

22 Chairman. 

23 (g) With respect to the land and water in areas which 

24 are not owned by the United States but which are within the 

25 boundaries of the segment of the Delaware River designated 



255 

139 

1 as a wild and scenic river under subsection (a) , the Secre- 

2 t&iy is authorized to enter into contracts with the appropri- 

3 ate State or political subdivisions thereof pui-suant to which 

4 the Secretary may provide financial assistance to such State 

5 or political subdivision for purposes of — 

6 (1) enforcing State and local laws in such areas, 

7 and 

8 (2) removing solid waste from such areas and dis- 

9 posing of such waste. 

10 (h) Nothing in this section shall be construed as limit- 

11 ing the right to fish and hunt on any of the lands or waters 

12 within the boundaries of the Upper Delaware River in the 

13 manner provided in section 13 of the Wild and Scenic Rivers 

14 Act. 

15 (i) There are hereby authorized to be appropriated to 

16 carry out the purposes of this section such sums as may be 

17 necessary. 

18 (j) Where any provision of the Wild and Scenic Rivers 

19 Act is inconsistent with any provisions of this section, the 

20 provision of this section shall govern. In applying the provi- 

21 sions of section 6 (g) (3) of the Wild and Scenic Rivers Act, 

22 with regard to "improved property", the date specified 

23 therein, shall, for purposes of the river designated in this 

24 Act, be the date of enactment of this Act (rather than 

25 January- 1, 1967). 



256 
140 

1 ADDITION OF MIDDLE DELAWAEE SEGMENT 

2 Seo. 706. Section 3 (a) of the Wild and Scenic Rivers 

3 Act is amended by adding the following new paragraph at 

4 the end thereof: 

5 "(22) Delaware, New Yoek, Pennsylvania, and 

6 New Jersey. — The segment from the point where the river 

7 crosses the northern boundary of the Delaware Water Gap 

8 National Recreation Area to the point where the river crosses 

9 the southern boundary of such recreation area; to be admin- 

10 istered by the Secretary of the Interior. For purposes of 

11 carrying out this Act with respect to the river designated by 

12 this paragraph, there are authorized to be appropriated such 

13 sums as may be necessary. Action required to be taken under 

14 subsection (b) of this section with respect to such segment 

15 shall be taken within one year from the date of enactment 

16 of this paragTaph, except that, with respect to such segment, 

17 in lieu of the boundaries provided for in such subsection (b) , 

18 the boundaries shall be the banks of the river. Any visitors 

19 facilities established for purposes of use and enjoyment of the 

20 river under the authority of the Act estalblishing the Dela- 

21 ware Water Gap National Recreation Area shall be compati- 

22 ble with the purposes of this Act and shall be located at an 

23 appropriate distance from the river.". 

24 addition of the AMERICAN SEGMENT 

25 Sec. 707. Section 3 (a) of the Wild and Scenic Rivers 



•JO/ 



141 

1 Act is amended by adding the following new paragraph at 

2 the end thereof: 

3 "(23) American, California.— The North Fork 

4 from a point 0.3 miles above Heath Springs downstream 

5 to a point approximately 1,000 feet upstream of the Colfax- 

6 Iowa Hill Bridge, including the (J old Run Addition Area, 

7 as generally depicted on the map entitled 'Proposed Bound- 

8 ary Maps' contained in Appendix I of the document dated 

9 Januar}^ 1978 and entitled 'A Proposal: North Fork Ameri- 

10 can Wild and Scenic Biver' published by the United States 

11 Forest Service, Department of Agriculture; to be desig- 

12 nated as a wild river and to be administered by agencies 

13 of the Departments of Interior and Agriculture as agreed 

14 upon by the Secretaries of such Departments or as directed 

15 by the President. Action required to be taken under sub- 

16 section (b) shall be taken within one year after the date 

17 of the enactment of this paragraph; in applying such sub- 

18 section (b) in the case of the Gold Run Addition Area, the 

19 acreage limitation specified therein shall not apply and 

20 in apph-ing section 0(g) (3), Januarj' 1 of the calendar 

21 year preceding the calendar y^ar in which this paragraph 

22 is enacted shall be substituted for January 1, 1967. For 

23 purposes of carrying out the provisions of this Act with 

24 respect to the river designated by this paragraph, there 

25 are authorized to be appropriated not more than $850,000 



258 

142 

1 for the acquisition of lands and interests in land and not 

2 more than $765,000 for development.". 

3 ADDITION OF MISSOUEI SEGMENT 

4 Sec. 708. Section 3 (a) of the Wild and Scenic Kivers 

5 Act is amended by adding the following new paragraph 

6 at the end thereof : 

7 "(24) MissouEi Eiver; Nebraska, South Da- 

8 KOTA. — The segment from Gavins Point Dam fifty-nine 

9 miles downstream to Ponca State Park as generally depicted 

10 in the document entitled 'Review Eeport on Water Re- 

11 sources Development, South Dakota, Nebraska, North 

12 Dakota, Montana', prepared by the Division Engineer, 

13 Missouri River DiA^sion, Corps of Engineers, dated Au- 

14 gust 1977 (hereinafter in this paragraph referred to as 

15 the 'August 1977 Report'). Such segment shall be admin- 

16 istered as a recreational river by th€ Secretary of the Interior 

17 through written cooperative agreements with the Secretary 

18 of the Army (acting through the Chief of Engineers) . After 

19 public notice and after consultation with the State and 

20 local governments, other interested organizations and as- 

21 sociations, and the interested public, the Secretary shall 

22 take such action as is required pursuant to subsection (b) 

23 within one year from the enactment of this Act. In admin- 

24 istering such river, the Secretary shall, to the extent, and 

25 in a manner, consistent with this Act — 



259 

143 

1 "(A) provide (i) for the construction by the 

2 United States of such recreation river features and 

3 streambank stabilization structures as the Secretary of 

4 the Army (acting through the Chief of Engineers, 

5 United States Army Chief of Engineers, United States 

6 Army Corps of Engineers) deems necessary and ad- 

7 visable in connection with the segment designated by 

8 this paragraph, and (ii) for the operation and mainte- 

9 nance of all streambank stabilization structures con- 

10 structed by the Secretary in connection with such seg- 

11 ment (including both structures constructed before the 

12 date of the enactment of this paragraph and structures 

13 constructed after such date and including both struc- 

14 tures constructed under the authority of this Act and 

15 structures constructed under the authority of any other 

16 Act) ; and 

17 "(B) permit access for such pumping and associ- 

18 ated pipelines as may be necessary to assure an ade- 

19 quate supply of water for owners of land adjacent to 

20 such segment and for fish, wildlife, and recreational 

21 uses outside the river corridor established pursuant to 

22 this paragraph. 

23 The streambank structures to be constructed and maintained 

24 under subparagraph (A) shall include (but not be limited 

25 to) structures at such sites as are specified with respect to 



260 

144 

1 such segment on pages 62 and 63 of the August 1977 Re- 

2 port, except that sites for such structures may be relocated to 

3 the extent deemed necessary by the Secretary of the Army 

4 (acting through the Chief of Engineers, United States 

5 Army Corps of Engineers) by reason of physical changes in 

6 the riv.er or river area. The Secretary of the Army (acting 

7 through the Chief of Engineers, United States Army Corps 

8 of Engineers) shall condition the construction or mainte- 

9 nance of any streambank stabilization structure or recrea- 

10 tional river feature at any site under subparagraph (A) (i) 

11 upon the availability to the United States of such land and 

12 interests in land at such site as he deems necessary to carry 

13 out such construction or maintenance. Administration of the 

14 river segment designated by this paragraph shall be in co- 

15 ordination with, and i)iirsnaiit to the advice of, a Recrear 

16 tional River Advisory drou]) wliicli may be established by 

17 the Chief of Engineers (United States Army Corps of Engi- 

18 neers). Such Group may include in its membership, the 

19 affected States and political subdivisions thereof, affected Fed- 

20 eral agencies, and such organized private groups as the Chief 

21 of Engineers (United States Army Corps of Engineers) 

22 deems desirable. For purposes of carrying out the provisions 

23 of this Act with respect to the river designated by this para- 

24 graph, there are authorized to be appropriated a currently 

25 estimated amount of $21,000,000, including aniouiits to Se 



261 

145 

2 used for acquisition (as provided in this paragraph) of land 

2 and interest in land.". 

3 Subtitle B — Studies 

4 DESIGNATION OF THE GILA RIVEE, NEW MEXICO FOR 

5 STUDY 

6 Sec. 721. Section 5(a) of the Wild and Scenic Rivers 

7 Act is amended by adding the following new paragraph 

8 at the end thereof : 

9 "(59) Gila, New Mexico. — The main stem from the 

10 Arizona-New Mexico border, but excluding the authorized 

11 Hooker Reservoir site or any alternative suitable to the re- 

12 quirements of the Colorado River Basin Project Act (Public 

13 Law 90-537) ; the West Fork to its headwaters; the East 

14 Fork to the junction of Taylor and Beaver Creeks; and the 

15 Middle Fork from the junction of Galita and Willow Creeks 

16 to its confluence with the West Fork.". 

17 designation of the keen EIVEE (NORTH FORK) FOR 

18 STUDY 

19 Sec. 722. Section 5 (a) of the Wild and Scenic Rivers 

20 Act is amended by adding the following new paragraph at 

21 the end thereof : 

22 "(60) Kern, CalifornIa. — The main stem of the 

23 North Fork from its source to Isabella Reservoir excluding its 

24 tributaries.". 



262 
146 

2 DESIGNATION OF THE SHENANDOAH EIVER FOR STUDY 

2 Sec. 723. Section 5(a) of the Wild and Scenic Rivers 

3 Act is amended by adding the following new paragraph at 

4 the end thereof: 

5 "(61) Shenandoah, Virginia and West Vir- 

6 GiNiA. — The main stem, the North Fork from Front Royal to 

7 Brocks Gap; and the South Fork from Front Royal to 

8 Waynesboro.". 

9 DESIGNA'nON OF THE LOXAHATCHEE RIVER FOR STUDY 

10 Sec. 724. Section 5 (a) of the Wild and Scenic Rivers 

11 Act is amended by adding the following new paragraph at 

12 the end thereof: 

13 "(64) LoxAHATCHEE, FLORIDA.— The entire river in- 

14 eluding its tributary, North Fork.". 

15 DESIGNATION OF THE OGEECHEE RIVER FOR STUDY 

16 Sec. 725. Section 5 (a) of the Wild and Scenic Rivers 

17 Act is amended by adding the following new paragraph at 

18 the end thereof : 

19 "(63) Ogbechee, Georgia. — The entire river.". 

20 DESIGNATION OF CERTAIN SEGMENT OP THE SALT RIVER 

21 FOR STUDY 

22 Sec. 726. Section 5(a) of the Wild and Scenic Rivers 

23 Act is amended by adding the following new paragraph at 

24 the end thereof: 



263 

147 

1 " (64) Salt, Arizona. — The main stem from the con- 

2 fluence of the White and Black Rivers to Arizona Highway 

3 288.". 

4 DESIGNATION OF GILA EIVER (ARIZONA) FOR STUDY 

5 Sec. 727. Section 5(a) of the Wild and Scenic Rivers 

6 Act is amended by adding the following new paragraph at 

7 the end therof: 

8 "(67) Gila, Arizona.— The main stem from U.S. 

9 Highway 666 to head of SaflFord Valley.". 

10 DESIGNATION OF THE VERDE RIVER FOR STUDY 

11 Sec. 728. Section 5 (a) of the Wild and Scenic Rivers 

12 Act is amended by adding the following new paragraph at 

13 the end thereof : 

14 "{66) Verde, Arizona. — The main stem from the 

15 Prescott National Forest boundary near Paulden to the vi- 

16 cinity of Table Mountain, approximately 14 miles above 

17 Horseshoe Reservoir, except for the segment not included in 

18 the National Forest between Clarkdale and Camp Verde, 

19 North segment.". 

20 designation of the SAN FRANCISCO RIVER FOR STUDY 

21 Sec. 729. Section 5(a) of the Wild and Scenic Rivers 

22 Act is amended by adding the following new paragraph at 

23 the end thereof: 

24 "(67) San Francisco, Arizona. — The main stem 
^ from confluence with the Gila upstream to the Arizona-New 



264 

148 

1 Mexico border, except for the segment between Clifton and 

2 the Apache National Forest.". 

3 DESIGNATION OF FISH CEEEK FOE STUDY 

4 Sec. 730. Section 5(a) of the Wild and Scenic Rivers 

5 Act is amended by adding the following new paragmph at 

6 the end thereof: ■ 

7 "(68) Fish Creek, New York.— The entire East 

8 Branch.". 

9 designation of black creek for study 

10 Sec. 731. Section 5(a) of the Wild and Scenic Eivers 

11 Act is amended by adding the following new paragraph at 

12 the end thereof : 

13 "(69) Black Creek, Mississippi.— The segment 
1^ from Big Creek Landing in Forrest County downstream to 
1^ Old Alexander Bridge Landing in Stone County.". 

16 DESIGNATION OF THE SHEEPSCOTT RIVER FOR STUDY 

1'^ Sec. 732. Section 5 (a) of the Wild and Scenic Rivers 

^° Act is amended by adding the following new paragraph at 

1" the end thereof: 

^^ " (70) Sheepscott, Maine. — The main stem from and 

•^^ including its headwaters to the town of Sheepscott including 

22 the West Branch.". 

23 designation of the CACAPON river FOR STUDY 

2^ Sec. 733. Section 5 (a) of the Wild and Scenic Rivers 
Act is amended by adding the following new paragraph at 
the end thereof: 



265 

149 

1 " (71 ) Cacapon, West Virginia.— The entire river.". 

2 DESIGNATION OF THE NIOBRARA RIVER FOR STUDY 

3 Sec. 734. Section 5(a) of the Wild and Scenic Rivers 

4 Act is amended by adding the following new paragraph at 

5 the end thereof: 

6 "(72) Niobrara, Nebraska. — The main stem from 

7 Antelope Creek to Sparks Gauging Station.". 

8 designation op THE MADISON RIVER FOR STUDY 

9 Sec. 735. Section 5 (a) of the Wild and Scenic Rivers 

10 Act is amended by adding the following new paragraph at 

11 the end thereof: 

12 "(73) Madison, Montana. — The main stem from 

13 Earthquake Lake to Ennis Lake.". 

14 designation of the escatawpa river for study 

15 Sec. 736. Section 5(a) of the Wild and Scenic Rivers 

16 Act is amended by adding the following new paragraph at 

17 the end thereof: 

18 "(74) Escatawpa, Alabama and Mississippi.— 

19 The segment upstream from a point approximately one mile 

20 downstream from the confluence of the Escatawpa River and 

21 Jackson Creek to a point where the Escatawpa River is 

22 joined by the Yellowhouse Branch in Washington, County, 

23 Alabama, near the town of Dee Park, Alabama ; and the seg- 

24 ment of Brushy Creek upstream from its confluence with the 
2l Escatawpa to its confluence with Scarsborough Creek.". 



266 
150 

1 DESIGNATION OF THE MTAKKA EIVER FOR STUDY 

2 Sec. 737. Section 5 (a) of the Wild and Scenic Rivers 

3 Act is amended by adding the following new paragraph at 

4 the end thereof: 

5 "C^S) Myakka, Florida.— The entire river.". 

6 AUTHORIZATION FOR STUDIES 

7 Sec. 738. Paragraph (3) of section 5(b) of the Wild 

8 and Scenic Rivers Act is redesignated as paragraph (4) and 

9 is .amended by striking out "$2,175,000" and substituting 

10 "'$4,060,000". Such paragraph is further amended by add- 

11 ing the following at the end thereof: "There are authorized 

12 to be appropriated for the purpose of conducting the studies 

13 of the rivers named in subparagraphs (59) through (75) 

14 such sums as may be necessary." 

15 STUDY PERIOD 

16 Sec. 739. Section 5 (b ) of the Wild and Scenic Rivers 

17 Act is amended by inserting the following new paragraph 

18 after paragraph (2) : 

19 "(3) The studies of the rivers named in paragraphs 

20 (59) through (75) of subsection (a) shall be completed 

21 and reports submitted thereon not later than five full fiscal 

22 years after the date of the enactment of this paragraph. 

23 The study of rivers named in paragraphs (64) through 

24 (67) of subsection (a) shall be completed and the report 

25 thereon submitted by not later than April 1981.". 



267 

161 

1 Subtitle C — Authorizations for Funding 

2 ELEVEN POINT RIVER 

3 Sec. 751. Section 16 (a) of the Wild and Scenic Rivers 

4 Act is amended by striking out "Eleven Point, Missouri, 

5 $4,906,500" and substituting "Eleven Point, Missouri, 

6 $10,407,000". 

7 AUTHORIZATION FOR ACQUISITION OF ROGUE RIVER 

8 Sec. 752. Section 16 (a) of the Wild and Scenic Rivers 

9 Act is amended by striking out "Rogue, Oregon, $12,447,- 

10 200" and substituting "Rogue, Oregon, $15,147,000". 

11 SAINT CROIX RIVER 

12 Sec. 753. (a) Section 16(a) of the Wild and Scenic 

13 Rivers Act is amended by striking out "Saint Croix, Min- 
1^ nesota and Wisconsin, $11,768,550" and substituting "Saint 

15 Croix, Minnesota and Wisconsin, $21,769,000". 

16 (b) Section 16(b) of the Wild and Scenic Rivers Act 
1* is amended by inserting the following before the period at 
^^ the end thereof ", except. in the case of the Saint Croix 
1^ River in Minnesota and Wisconsin". 

(c) Section 6(b) of such Act is amended by adding 
the following at the end thereof: "This subsection shall 
not apply in the case of the Saint Croix River in Minnesota 
^^ and Wisconsin.". 

SALMON RIVER 

^ Sec. 754. Section 16 (a) of the Wild and Scenic Rivers 

^6 Act is amended by strikmg out "Salmon, Middle Fork, 



38-854 O - 79 - ; 



268 

1 Idaho, $1,237,100" and substituting "Salmon, Middle Fork, 

2 Idaho, $1,837,000". 

3 CHATTOOGA 

4 Sec. 755. Section 3(a) (10) of the Wild and Scenic 

5 Rivers Act (relating to the Ohattooga River in North Caro- 

6 lina. South Carolina, and Georgia) is amended by striking 

7 out "$2,000,000" and inserting in lieu thereof "$5,200,- 

8 000". 

9 Subtitle D — Amendments to Public Law 90-542 

10 TECHNICAL AMENDMENTS 

11 Sec. 761. Section 2 (a) of the Wild and Scenic Rivers 

12 Act is amended by striking out "without expense to the 

13 United States" and by adding the following at the end 

14 thereof: "Upon receipt of an application under clause (ii) 

15 of this subsection, the Secretary shall notify the Federal 

16 Energy Regulatory Commission and publish such applica- 

17 tion in the Federal Register. Each river designated under 

18 clause (ii) shall be administered by the agency or political 

19 subdivision thereof without expense to the United States 

20 other than for administration and management of federally 

21 owned lands. For purposes of the preceding sentence 

22 amounts made available to any State or political subdivision 

23 under the Land and Water Conservation Act of 1965 or any 

24 other provision of law shall not be treated as an- expense to 

25 the United States. Nothing in this subsection shall be ee:^^ 



269 

153 

1 strued to provide for the transfer to, or administration by, a 

2 State or local authority of any federally owned lands which 

3 are within the boundaries of any river included within the 

4 system under clause (ii) •". 

5 FEDERAL LANDS; COOPERATIVE AGREEMENTS 

6 Sec. 762. Section 12 (a) of the Wild and Scenic Eivers 

7 Act is amended by striking out the first sentence thereof 

8 and substituting: "The Secretary of the Interior, the Secre- 

9 tary of Agriculture, and the head of any other Federal de- 

10 partment or agency having jurisdiction over any lands which 

11 include, border upon, or are adjacent to, any river included 

12 within the national wild and scenic rivers systems or under 

13 consideration for such inclusion, in accordance with section 

14 2 (a) (ii) , 3 (a) , or 5 (a) , shall take such action respecting 
1^ management policies, regulations, contracts, plans, permits, 
1^ Federal assistance and other Federal actions affecting such 
^' lands as may be necessary to protect such rivers in accord- 
1^ ance with the purposes of this Act. Such Secretary or other 

19 department or agency head shall, where appropriate, enter 

20 into written cooperative agreements with the appropriate 

21 State or local official for the planning, administration, and 

22 management of Federal lands which are within the bound- 
^^ aries of any rivers for which approval has been granted 
^. under section 2 (a) (ii) .". 



270 



154 

1 EXCHANGE OF STATE LANDS 

2 Sec. 763. The second sentence of section 6(a) of the 

3 Wild and Scenic Rivers Act is amended by inserting "or ex- 

4 change" after "donation". 

5 LEASE OF FEDERAL LANDS 

6 Sec. 764. The Wild and Scenic Rivers Act is amended by 

7 adding the following new section after section 14 : 

8 "Sec. 14A. (a) Where appropriate in the discretion of 

9 the Secretary, he may lease federally owned land (or any 

10 interest therein) which is within the boundaries of any com- 

11 ponent of the national wild and scenic rivers system and 

12 which has been acquired by the Secretary under this Act. 

13 Such lease shall be subject to such restrictive covenants as 

14 niay be necessary to carry out the purposes of this Act. 

15 " (b) Any Federal land leased by the Secretary under 

16 subsection (a) shall not be treated as — 
" (1) acquired land for purposes of the 100 acre per 

mile limitation contained in paragraph (1) of section 
6 (a) , or 

"(2) as land owned by the United States for pur- 
poses of the 50 per centum limitation contained in section 
6(b). 
" (c) Any land to be leased by the Secretary under this 



17 
18 
19 
20 
21 
22 
23 



^ section shall be offered first for such lease to tlie-pePSdn wh6 



271 

135 

1 owned such land immediately before its acquisition by the 

2 United States.". 

3 STUDY OF FEDEBALLY OWNED RIVEBS 

4 Sec. 765. Section 5 of the Wild and Scenic Rivers Act is 

5 amended by adding the following new subsection at the end 

6 thereof: 

7 "(e)(1) Not later than one year after the date of the en- 

8 actment of this subsection, the Secretaly of the Interior and 

9 the Secretary of Agriculture shall jointly promulgate guide- 

10 lines for the conduct of studies under this subsection by each 

11 such Secretar}' and by each department or agency of the 

12 United States having primary authority for the management 

13 of federaUy owned lands. 

14 "(2) Each such Secretary and the head of each such 

15 department or agency shall expeditiously carr}' out studies 

16 (pursuant to the guidelines established under paragraph 

17 ( 1 ) ) and shall submit to the President (pursuant to a sched- 

18 ule established by such Secretaiy or department or agency 

19 head, as the case may be) reports on the suitability or non- 
20 suitabihty for inclusion in the national wild and scenic rivers 

21 systems of all rivers (or sections thereof) which are within 

22 (or substantially within) the exterior boundaries of any area 

23 managed by such Secretary' or other department or agency 

24 head. 



272 

156 

1 "(3) The President shall promptly upon his receipt of 

2 each report under paragraph (2) report to the Congress his 

3 recommendations and proposals with respect to the inclusion 

4 of each such river or section in such system. 

5 "(4) Each river (or section thereof) recommended jjj^y 

6 the President for inclusion in the national wild and scenic 

7 rivers system under this section shall be included in such 

8 system, pursuant to the terms of such reconmiendation, and 

9 treated for purposes of this Act and other applicable law as 

10 a river listed in section 3 (a) unless within 120 days from 

11 the date such recommendation is submitted to Congress, such 

12 recommendation is disapproved by a joint resolution.". 

13 MISCELLANEOUS TECHNICAL AMENDMENTS 

14 Sec. 766. (a) Section 3 (b) of the Wild and Scenic Kiv- 

15 ers Act is amended by inserting after "one year from the 

16 date of this Act" the following: " (except where a different 

17 date is provided in subsection (a)". 

18 (b) Section 6(g) (3) of such Act is amended by in- 

19 serting after "January 1, 1967," the following "(except 

20 where a different date is specifically provided by law with 

21 respect to any particular river) ". 

22 AMENDMENTS REGARDING CERTAIN COMPLEMENTARY 

23 AUTHORITIES 

24 Sec. 767. (a) Section 4(b) of the Wild and Scenic 

25 Rivers Act is amended by inserting "the Secretary of the 



273 

157 

- department in which the Coast Guard is operating," between 

2 "the Secretary of the Army," and "the Chairman of the 

o Federal Power Commission". 

A (b) Section 10 of such Act is amended by adding the 

c following new subsection at the end thereof: 

g " (f) Any management, administration, and regulation 

rj concerning boating and other activities, on or relating to, wa- 

g ters located within areas of the National Wild and Scenic 

9 Rivers System, including waters subject to the jurisdiction of 

IQ the United States, shall be complementary to, and not in 

11 derogation of, the authority of the Coast Guard relating to 

12 waters subject to the jurisdiction of the United States. No 

13 structure or faciUty shall be installed by the Coast Guard in 

14 these areas without coordination with the Secretary of the 

15 Interior or the Secretary of Agriculture, as may be appro- 

16 priate.". 

17 (c) Section 12 (c) of such Act is amended by insert- 

18 ing ", the Secretary of the department in which the Coast 

19 Guard is operating," between "the Secretary of the Interior" 

20 and "and with the appropriate State water pollution control 

21 agencies". 



274 



95th Congress ) HOUSE OF KEPRESENTAllVES ( Report 

2d Session f ( No. 95-1165 



PROVIDING FOR INCREASES IN APPROPRIATIONS CEILINGS, DE- 
VELOPMENT CEILINGS, LAND ACQUISITION AND BOUNDARY 
CHANGES IN CERTAIN FEDERAL PARK AND RECREATION AREAS, 
AND FOR OTHER PURPOSES 



May 15, 1978. — Committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 



Mr. Udall, from the Committee on Interior and Insular Affairs, 
submitted the following 

REPORT 

together with 
SUPPLEMENTAL VIEWS 

[To accompany H.R. 12536] 
[Including the cost estimate of the Congressional Budget Office] 

The Committee on Interior and Insular Affairs, to Avhom was re- 
ferred the bill (H.R. 12536) to provide increases in appropriations 
ceilings, development ceilings, land acquisition, and boundary changes 
in certain Federal park and recreation areas, and for other purposes, 
having considered the same, report favorably thereon with an amend- 
ment and recommend that the bill as amended do pass. 

The amendment is as follows : 

Page 1, beginning on line 3, strike out all after the enacting clause 
and insert in lieu thereof the following : 

SHORT TITLE AND TABLE OF CONTENTS 

Section 1. This Act may be cited as the "National Parks and Recreation Act 
of 1978". 

TABLE OF CONTENTS 

Sec. 1. Short title and table of contents 

Sec. 2. Definition. 

Sec. 3. Authorization of appropriations. 



275 



TITLE I — DEVELOPMENT OF CEILINO INCREASES 

Sec. 101. Specific Increases. 

Asate Fossil Beds National Monument. 

AndersonvlUe .National lilstnrlc Site. 

Andrew Johnson National Historic Site. 

Blscayne National Monument. 

Canaveral National Seashore. 

rape Lookout National Seashore. 

Capital Heef National Park. 

Carl Sandhiirc Home National Illstorle Site. 

Channel Islands National Monument. 

Cowpens National Battleground Site. 

DeSoto National .Memorial. 

Fort Bowie Natloiuil Historic Site. 

Frederick Douglass Home. District of Columbia. 

Grant Kohrs Kanch Natioiml Historic Site. 

Guadalupe Mountains National I'ark. 

Gulf Islands National Seashore. 

Harper's Kerry National Historical I'ark. 

Hubbell Tradlnc Post National Historic Site. 

Indiana Dunes National Lakeshore. 

John .Mulr National Historic Site. 

Historical events In Kansas. 

Lands In Prince Georges and Charles Counties, Maryland. 
•. Loncfellow National Historic Site. 

Pecos National Monument. 

Perry's Victory and International Peace Memorial. 

Redwood National Park. 

San Juan Island National Historical Park. 

Sitka National Monument. 

Statue of Liberty National Monument. 

Thaddc's Kos'-iuszko Home Nntional Historic Site. 

Tuskeeee Institute National Historic Site. 

Whiskeytown-Shasta-Trlnltv National Recreation Area. 

William Howard Taft National Historic Site. 

Wilson's Creek National Battlefield. 

TITLE II ACQDISITION CEILING INCREASES 

Sec. 201. Acquisition ceillnps. 

Apostle Islands National Lakeshore. 

Blj; Cypress National Preserve. 

Buffalo National River. 

Cumberland Island National Seashore. 
Sec. 202. Sawtooth National Recreation Area. 

TITLE III BOUNDARY CHANGES 

Sec. 301. Revision of bo'indaries. 

Bent's Old Fort National Historic Site. 

Chlricahua National Monument. 

Coronado National Memorial. 

Elsenhower National Historic Site. 

Fort Caroline National Memorial. 

George Washington Birthplace National Monument. 

Great Sand Dunes National Monument. 

Gulf Islands National Seashore. 

Hawaii Volcanoes National Park. 

John Day Fossil Beds. 

Monocacy National Battlefield. 

Montezuma Castle National Monument. 

Oregon Caves National Monument. 

Tumacacorl National Monument. 

Tuzigoot National Monument. 

White Sands National Monument. 

William Howard Taft National Historic Site. 

Wind Cave National Park. 
Sec. 302. Maps and descriptions. 
Sec. 303. Acquisition and disposal of lands. 
Sec. 304. Other authorities. 

Sec. 305. Name change ; City of Refuge National Historical Park. 
Sec. .306. Black Hammock Island. 
Sec. 307. Allegheny Portage Railroad National Historic Site and Johnstown Flood National 

Memorial. 
Sec. 30,S. Fort Laramie National Historic Site. 
Sec. .309. Fort Union Trading Post National Historic Site. 

Sec. 310. Addition of Dorchester Heights to the Boston National Historical Park. 
Sec. 311. Addition of Sailors Snug Harbor to Gateway National Recreation Area. 
Sec. 312. Adams National Historical Site. Massachi'setts. 
Sec. 313. Addition of.Epnes Manor to Petersburg National Battlefield. 
Sec. 314. Addition of Mineral King Valley to Sequoia National Park. 
Sec. 31.5. Cuyahoga Valley Recreational Area. 
Sec. 316. Delaware Water Gap National Recreation Area. 
Sec. 317. Golden Gate National Recreation Area. 
Sec. 318. Point Reyes National Seashore. 



276 



Sec. 319. Antletam National Battlefield. 

See. 320. Chesapeake and Ohio Canal National Historical Park. 

Sec. 321. ViTsin Islands National Park. 

Sec. 322. Allbates Flint Quarries and Texas Panhandle Pueblo Culture 'National Monument 

Sec. 323. Fire Island National Seashore. 

TITLE IV WILDERNESS 

Sec. 401. Designation of areas. 
Sec. 402. Map and description. 
Sec. 403. Cessation of certain uses. 
Sec. 404. Administration. 
Sec. 405. Savings provisions. 

TITLE V ESTABLISHMENT OP NEW AREAS AND ADDITIONS TO NATIONAL TRAILS STSTEM 

Subtitle A — Parks, Seashores, Etc. 

Sec. 501. Guam National Seashore. 

Sec. 502. War in the Pacific National Historical Park. 

Sec. 503. Pine Barrens Area, New Jersey. 

Sec. 504. Edgar Allen Poe National Historic Site. 

Sec. 505. San Antonio Missions National Historical Park. 

Sec. 506. Saint Paul's Church, Eastchester. 

Sec. 507. Kaloko-Honokohau National Historical Park. 

Sec. 508. American Memorial Park. 

Sec. 509. Palo Alto Battlefield National Historic Site. 

Sec. 510. Santa Monica Mountains National Recreation Area. 

Sec. 511. Ebey's Landing National Historical Park. 

Subtitle B— Trails 

Sec. 551. Mormon Pioneer National Historic Trail. 

Sec. 552. Overmountain Men Victory Trail. 

Sec. 553. Continental Divide Trail. 

Sec. 554. North Country National Scenic Trail. 

Sec. 555. Authorization of appropriations. 

TITLE VI MISCELLANEOUS PROVISIONS 

Sec. 601. Old Faithful Inn at Yellowstone National Park. 

Sec. 602. Ridgelands Area study. 

Sec. 603. Pennsylvania Avenue Development Corporation. 

Sec. 604. Preservation of historical and archaeological data. 

Sec. 605. Historic Sites for Presidents. 

Sec. 606. Potential park unit studies. 

Sec. 607. New area studies, general management plans, and contracts. 

Sec. 608. Oak Creek Canyon and Chiricahua National Monument studies. 

Sec. 609. Appropriate agency procedures. 

Sec. 610. Land and Water Conservation Fund accomplishments reporting date. 

Sec. 611. Recreation programs. 

Sec. 612. Hells Canyon National Recreation Area. 

Sec. 613. Irvine Coast — ^Laguna, California study. 

Sec. 614. Theodore Roosevelt Inaugural National Historic Site. 

Sec. 615. Big Sur study. 

TITLE vn WILD AND SCENIC RIVERS ACT AMENDMENTS 

Subtitle A — Addition of Segments 

Sec. 701. Addition of Pere Marquette Segment. 

Sec. 702. Addition of Rio Grande Segment. 

Sec. 703. Addition of Skagit Segments. 

Sec. 704. Addition of Upper Mississippi Segments. 

Sec. 705. Addition of Upper Delaware Segment ; special provisions. 

Sec. 706. Addition of Middle Delaware Segment. 

Sec. 707. Addition of American Segment. 

Sec. 708. Addition of Missouri Segment. 

Subtitle B — Studies 

Sec. 721. Designation of Gila River, New Mexico for study. 

Sec. 722. Designation of Kern River (North Fork) for study. 

Sec. 723. Designation of Shenandoah River for study. 

Sec. 724. Design;itlon of Loxahatchee River for study. 

Sec. 725. Designation of Ogeechee River for study. 

Sec. 726. Designation of certain segment of the Salt River for study. 

Sec. 727. Designation of the Gila River (Arizona) for study. 

Sec. 728. Designation of the Verde River for study. 

Sec. 729. Designation of the San Francisco River for study. 

Sec. 730. Designation of Fish Creek for study. 

Sec. 731. Designation of Black Creek for study. 

Sec. 732. Designation of the Sheepscott River for study. 

Sec. 733. Designation of the Cacapon River for study. 

Sec. 734. Designation of the Madison River for study. 



277 



Sec. 735. T>esl|;nntlon of the Escatawpa River for study. 

Sec. 736. Deslfrnatlon of the Myakkn Klver for ntudy. 

Sec-. 7,'17. DeslKOatlon of Soldier Creek for study. 

Sec. 7.1H. DeslKoatlon of Brazo.s River for study. 

Sec. 739. Authorization for studies. 

Sec. 740. Study period. 

Subtitle C — Authorizations for Funding 

Sec. 751. Eleven Point River. 

Sec. 752. Ropue River. 

Sec. 753. Saint Croix River. 

Sec. 754. Salmon River. 

Sec. 755. Chattooga River. 

Subtitle D — Amendments to Public Law 90-542 

Sec. 761. Technical amendments. 

Sec. 762. Federal lands ; cooperative agreements. 

Sec. 763. Exchange of State lands. 

Sec. 764. I/case of Federal lands. 

Sec. 765. Study of federally owned rivers. 

Sec. 766. Miscellaneous technical amendments. 

Sec. 767. Amendments regarding certain complementary authorities. 

DEFINITION 

Sec. 2. As used in this Act. except as otherwise specifically provlcled, the term 
"Secretary" means the Secretary of the Interior. 

AUTHORIZATION OF APPE0PRIATI0N8 

Sec. 3. Authorizations of moneys to be appropriated under this Act shall be 
effective on October 1, 1978. Notwithstanding any other provision of this Act, 
authority to enter into contracts, to incur obligations, or to make payments under 
this Act shall be effective only to the extent, and in such amounts, as are provided 
in advance in appropriation Acts. 

TITLE I— DEVELOPMENT CEILING INCREASES 

6PEX;IFIC INCREASES 

Sec. 101. The limitations of funds for development within certain units of the 
National Park System and aCBliated areas are amended as follows : 

(1) Agate Fossil Beds National Monument, Nebraska: Section 4 of the 
Act of June 5, 1965 (79 Stat. 123), is amended by changing "$1,842,000" to 
"$2,012,000". 

(2) Andersonville National Historic Site, Georgia : Section 4 of the Act 
of October 16, 1970 (84 Stat. 989), is amended by changing "$1,605,000" to 
"$2,205,000", and by changing "(March 1969 prices)" to "(October 1978 
prices)". 

(3) Andrew Johnson National Historic Site, Tennessee: Section 3 of the 
Act of December 11, 1963 (77 Stat. 350) is amended by changing "$266,000" 
to "$286,000". 

(4) Biscavne National Monument, Florida : Section .'> of the Act of October 
18, 1968 (82 Stat. 1188), is amended by changing "$2,900,000" to "$6,.56.5,000'". 

(5) Canaveral National Seashore, Florida: Section 9(b) of the Act of 
January 3. 1975 (88 Stat. 2121, 2125) is amended bv changing "$500,000" to 
"$1,900,000". 

(6) Cape Lookout National Seashore, North Carolina : Section 8 of the 
Act of March 10, 1966 (80 Stat. 33) as amended by the Act of October 26, 
1974 (88 Stat. 1445) is amended by changing "$2,935,000" to ".$4,935,000". 

(7) Capitol Reef National Park, T'tah : Section 7 of the .\ct of December 
18, 1971 (85 Stat. 739). is amended bv changing "$1,052,700 (April 1970 
prices)" to "$1,373,000 (October 1978 prices)". 

(8) Carl Sandburg Home National Historic Site, North Carolina : Section 
3 of the Act of October 17. 1968 (82 Stat. 1154), is amended bv changing 
"$952,000" to "$1,902,000". 

(9) Channel Islands National Monument, California: Section 201(1) of 
the Act of Octol)er 26, 1974 (88 Stat. 1445, 1446) is amended bv changing 
"$5,452,000" to "$6,332,000". 



278 



(10) Cowpens iVatioual Battleground Site. South Carolina: Section 402 
of the Act of April 11, 1972 (86 Stat. 120), is amended by changing "$3,ll^,- 
000" to ".$5,108,000". 

(11) De Soto National Memorial, Florida : Section 3 of the Act of March 11, 
1&48 (62 Stat. 78), a.s amended i.s further amended by changing "$175,000" to 
"$292,000". 

(12) Fort Bowie National Historic Site, Arizona: Section 4 of the Act of 
Augu.st 30, 1964 (78 Stat. 681), is amended by deleting "$550,000 to carry 
out the purposes of this Act.", and inserting in lieu thereof : "$85,000 for 
land acquisition and $1,043,000 for development". 

(13) Frederick ])ougla.ss Home, District of Columbia: Section 4 of the 
Act of September 5, 1962 (76 Stat. 435), is amended by changing "$413,000" 
to "$1,350,000". 

(14) Grant Kohrs Ranch National Historic Site, Montana: Section 4 of 
the Act of August 25, 1972 (86 Stat. 632), is amended by changing "$1,800,- 
000 (July 1971 prices)" to $2,075,000 (October 1978 prices)". 

(15) Guadalupe Mountains National Park, Texas: Section 6 of the Act of 
October 15, 1966 (80 Stat. 920), is amended by changing "$10,362,000" to 
"$24,715,000". 

(16) Gulf Islands National Seashore, Florida-Mississippi: Section 11 of 
the Act of January 8, 1971 (84 Stat. 1967), is amended by changing "$17,774,- 
000" to "$25,224,000", and by deleting the phrase "(June 1970 prices)" and 
inserting in lieu thereof "(October 1978 prices)". 

(17) Harper's Ferry National Historical Park, Maryland-West Virginia: 
Section 4 of the Act of June 30, 1944 (58 Stat. 645), is amended further by 
changing "$8,690,000" to "$14,385,000". 

(18) Hubbell Trading Post National Historic Site, Arizona: Section 3 of 
the Act of August 8, 1965 (79 Stat. 584), is amended by changing "$952,000" 
to "$977,000". 

(19) Indiana Dunes National Lakeshore, Indiana: Section 10 of the Act 
of November 5, 1966 (80 Stat. 1312), is amended by changing "$8,500,000" to 
"$9,440,000". 

(20) John Muir National Historic Site, California : Section 3 of the Act of 
August 31, 1964 (78 Stat. 753) , is amended by striking out "$300,000 for land 
acquisition and restoration of the buildings thereon." and inserting in lieu 
thereof "$224,000 for land acquisition and "$2,185,000 for development". 

(21) To commemorate certain historical events in the State of Kansas: 
Section 4 of the Act of August 31, 1965 (79 Stat. 588), is amended by chang- 
ing "$2,000,000" to "$2,750,000". 

(22) For the preservation and protection of certain lands in Prince 
Georges and Charles Counties, Maryland : Section 4 of the joint resolution 
of October 4, 1961 (75 Stat. 783) is amended by inserting "(a)" after "Sec. 
.4." and by adding the following new subsection (b) at the end thereof: 

"(b) In addition to such other sums as have been appropriated for such pur- 
poses, there is authorized $2,000,000 for development.". 

(23) Longfellow National Historic Site, Massachusetts: Section 4 of the 
Act of October 9, 1972 (86 Stat. 791). is amended by changing "$586,000 
(May 1971 prices)" to "$682,000 (October 1978 prices)". 

(24) Pecos National Monument, New Mexico: Section 3 of the Act of 
June 28, 1965 (79 Stat. 195), is amended by changing "$500,C00" to "$2,375,- 
000". 

(25) Perry's Victory and International Peace Memorial, Ohio: Section 4 
of the Act of October 26, 1972 (86 Stat. 1181), is amended by changing 
"$5,177,000" to "$9,327,000". 

(26) Redwood National Park, California: Section 10 of the Act of Octo- 
ber 2, 1968 (82 Stat. 934), is amended by adding the following at the end 
thereof : "There are hereby authorized to be appropriated $5,000,0C0 for de- 
velopment of the park established under this Act : such amount shall be in 
addition to other amounts available for such purposes.". 

(27) San Juan Island National Historical Park, Washington: Section 4 
of the Act of September 9, 1966 (80 Stat. 737), is amended by changing 
"$3,542,000" to "$5,575,000". 

(28) Sitka National Monument, Alaska: Section 3 of the Act of October 
18, 1972 (86 Stat. 904), is amended by changing "$691,000 (June 1971 
prices)" to "$1,571,000 (October 1978 prices)". 



279 



6 

(2ft> Statue of Liberty National Monument. New York New Jersey: S<'<- 
tion 1 of the joint resolution of Aimust 17, l!tr>5 ( 7!» Stat. CA'.i). is uiiiciMhd 
liy (lianKinj; "SO.OOO.OttO' to ••.<.{4.000.(KXt". 

(30) Thaddous Knsoiu.szko Home National Historic Site, I'ennsylviiiiia : 
Sertion :i at tlie Act <»f October 21, 11)72 (*>(» Stat. 1046), is amended by 
ohanKiuK ••$r)'.t2.0 O" to •'.<742.()00". 

(31) Tuskejree Institute National Historic Site, Alabama: Section 104(e) 
of the Act of (>ctol)er 2r>, 1974 (88 Stat. 14(53). Is amended by chanRinR "$'2.- 
722.000" to ••$2.8r.2.000". 

(32 » Whiskeytown-Shasta-Trinity National Recreation Area, California: 
Section 10 of the Act of November S. l!Hi5 (79 Stat. 1295), is amended by 
changinp ••.>i!22.700.000" to ••$24.ft49.00(»-. 

(SH) William Howard Taft National Historic Site. Ohio: Section 3 of the 
Act of December 2, 19<;9 {Ki Stat. 273), is amended by changinK 'SSIKOOO" 
to ".?1,SS8.000". 

(34) Wilsons Creek National Battlefield. Mis.souri : Section 3 of the Act 
of December 16. 1970 (84 Stat. 1441). is amended by chanpinp ••?2,285.000 
(March 1969 prices)" to "$5.(>4().000 (October 1978 prices)". 

TITLE II— ACQUISITION CEILING INCREASES 

ACQUISITION CEILINGS 

Sec. 201. The limitations on appropriations for the acquisition of lands and 
interests therein within certain units of the National Park System are amended 
as follows : 

(1) Apostle Islands National Lakeshore, Wisconsin: Section 8 of the Act 
of September 26. 1970 (84 Stat. 880) , is amended by changing "$4,250,000 ' 
to "$5,750,000". 

(2) Big Cypress National Park Preserve, Florida : Section 8 of the Act of 
October 11. i974 (88 Stat. 12.58). is amended by changing "$116,000,000" to 
"$156,700,000". 

(3) Buffalo National River, Arkansas: Section 7 of the Act of March 1, 
1972 (86 Stat. 44), is amended by changing "^0.071,.->00 " to "$39,948,000". 

(4) Cumberland Island National Seashore. Georgia : Section 10 of the Act 
of October 23. 1972 (80 Stat. 1066), is amended by changing "$10..")00,000" 
to "$28,500,000". 

S.\WTOOTn NATIONAL RECREATION AREA 

Sec. 202. Section 13 of the Act of August 22, 1972 (86 Stat. 612), is amended 
by changing "$19,802,000" to "$47,802,000". 

TITLE III— BOUNDARY CHANGES 

REVISION OF BOUNDARIES 

Sec. 301. The Secretary is authorized to revise the boundaries of the following 
units of the National Park System, and there are authorized to be appropriated 
not in excess of the amounts .specified in the following paragraphs for acquisition 
of lands and interests in lands within areas added by rea.son of such revisions: 

(1) Bent's Old Fort National Historic Site. Colorado: to add approxi- 
mately six hundred and twenty-two acres as generally depicted on the map 
entitled "Boundary Map, Bents Old Fort National Historic Site. Colorado", 
numbered 417-80.007-A. and dated .Tune 1970 : .$842,000. 

(2) Chiricahua National Monument. Arizona : To add approximately four 
hundred and forty acres as generally depicted on the map entitled "Boundary 
Map. Chiricahua National MonumMit, Arizona", numbered 145-80,002, and 
dated August 1977 : "$29J.0OO. 

(3) Coronado National Memorial. Arizona : To add approximately three 
thousand and forty acres and delete approximately twelve hundred acres as 
generally depicted on the map entitled "I..and Status Map 01. Coronado 
National Memorial, Cochise County. Ariz.nm". numbered 8630/80.001, and 
dated October 1977 : $1,410,000. 

(4) Eisenhower National Historic Site, Pennsylvania: To add approxi- 
mately one hundred ninety-five and eighty-three one hundredths acres as 



280 



generally depicted on the map entitled "Boundary Map, Eisenhower National 
Historic Site, Adams County, Pennsylvania", numbered 446-40,001B, and 
dated April 1978: .$166,000. 

(5) Fort Caroline National Memorial, Florida: To add approximately ten 
acres as generally depicted on the map entitled "Boundary Map, Fort Caro- 
line National Memorial, Florida", numbered 5310/80,000-A, and dated April 
1978 : $235,000. 

(G) George Washington Birthplace National Monument, Virginia : To add 
approximately one thou.saud sixty-five acres as generally depicted on the 
map entitled "Boundary Map, George Washington Birthplace National 
Monument", numbered 332-20,000-A, and dated May 1975: $2,800,000. 

( 7 ) Great Sand Dunes National Monument. Colorado : To add approxi- 
mately one thousand one hundred and nine acres as generally depicted on the 
map entitled "Boundary Map, Great Sand Dunes National Monument, Colo- 
rado", numbered 140-80,001-A, and dated November 1974 : $166,000. 

(8) Gulf Islands National Seashore, Mississippi-Florida: To add approxi- 
mately six hundred acres as generally depicted on the map entitled "Bound- 
ary Map, Gulf Islands National Seashore, Mississippi-Florida", numbered 
20,006, and dated April 1978 : $300,000. 

(9) Hawaii Volcanoes National Park, Hawaii: To add approximately 
two hundred sixty-nine acres as generally depicted on the map entitled 
"Boundary Map, Hawaii Volcanoes National Park, Hawaii", numbered 
80,000, and dated August 1975 : $562,000. 

(10) John Day Fossil Beds National Monument, Oregon: To add approx- 
imately one thousand four hundred and eleven acres, and to delete approxi- 
mately one thousand six hundred and twenty acres as generally depicted on 
the map entitled "Boundary Map, John Day Fossil Beds National Monu- 
ment, Oregon", numbered 177-30,000-B and dated May 1978: $3,500,000. 
The Act of October 26, 1974 (88 Stat. 1461), which designates the John Day 
Fossil Beds National Monument is amended by deleting the second proviso 
of section 101(a) (2). 

(11) Monocacy National Battlefield, Maryland: To add approximately 
five hundred and eighty-seven acres as generally depicted on the map entitled. 
"Boundary Map, Monocacy National Battlefield", numbered 894-^0,001, and 
dated May 1978 : $3,500,000. 

(12) Montezuma Castle National Monument, Arizona : To add approxi- 
mately thirteen acres, and to delete approximately five acres as generally 
depicted on the map entitled "Montezuma Castle National Monument, Ari- 
zona", numbered 20,006, and dated April 1978. 

(13) Oregon Caves National Monument, Oregon: To add approximately 
eight acres as generally depicted on the map entitled "Oregon Cave, Ore- 
gon", numbered 20,000, and dated April 1978: $107,000. 

(14) Tumacacori National Monument, Arizona: To add approximately 
seven acres, and delete approximately eleven-hundredths of an acre as gen- 
erally depicted on the map entitled "Boundary Map, Tumacacori National 
Monument, Arizona", numbered 311-80,009-A, and dated March 1978; 
$24,000. 

(15) (A) Tuzigoot National Monument, Arizona: To add approximately 
seven hundred and ninety-one acres as generally depicted on the map en- 
titled "Master Proposal. Tuzigoot National Monument", numbered 378-30,- 
OOOD. and dated January 1973 : $1,350,000. 

(B) The Secretary is authorized to acquire by donation, purchase with 
donated or appropriated funds, exchange or otherwise and subject to such 
terms, reservations, conditions applied to the acquired lands as he may deem 
satisfactory, the lands and interests in lands that are included within the 
boundaries of the Tuzigoot National Monument as revised by this para- 
graph. When so acquired, they shall be administered in accordance with 
provisions of law generally applicable to units of the National Park System, 
including the Act of August 25, 1916 (39 Stat. 535). 

(C) In exercising his authority to acquire such lands and interests in 
lands by exchange, the Secretary may accept title to any non-Federal prop- 
erty within the boundaries of the national monument and In exchanee 
therefor he may convey to the grantor of such property any federally owned 
property under his jurisdiction in the State of Arizona. The values of the 
properties so exchanged either shall be approximately equal, or if they are 



281 



not approximately equal the values shall l)0 ecpializcd hy the payment of 
cash to the grantor or to the Secretary as the circuinstances re(|uire. 

(1(J) White Sands National Moniunent, New Mexico: To add approxi- 
mately three hundred and twenty acres, and delete approximately seven 
hundred and sixty acres as Renerally depicted on the map entitled "Bound- 
ary Map, White Sands National Monument, New Mexico", numbered 142/ 
20.010 A. and datetl Novemher 197.S. 

(17) William Howard Taft National Historic Site, Ohio: To add apjiroxl- 
mately three acres as generally dei>icted on the map entitled "Honndary 
Map, William Howard Taft National Historic Site, Ohio", numbered 44S- 
40.021. and dated .January 1977. 

(IS) Wind (avo National I'ark, South Dakota: To add approximately 
two hiindreil and twenty-eisht acres as generally deincfed on the map en- 
titled "Boundarv Map, Wind Cave National Park, South Dakota", numbered 
108-80,008, and dated July 1977 : $227,000. 

MAPS AND DESCRIPTIONS 

Sec. 302. Within twelve months after the date of the enactment of this Act, the 
Secretary shall publish in the Federal Register a detailed map or other detailed 
description of the lands added or excluded from any area pursuant to section 301. 

ACQUISITION AND DISPOSAL OF LANDS 

Sec. 303. (a) Within the boundaries of the areas as revised in accordance with 
section 301, the Secretary is authorized to acquire lands and interests therein 
by donation, purcha.se with donate<l or appropriated funds, exchange, or transfer 
from any other Federal agency. I/inds and interests therein so acquired shall 
become part of the area to which they are added, and shall be subjected to all 
laws, rules, and regulations applicable thereto. AVhen acquiring any land pur- 
suant to this title, the Secretary may acquire iny such land subject to the reten- 
tion of a right of use and occupancy for a term not to exceed twenty-five years or 
for the life of the owner or owners. Lands owned by a State or political subdivi- 
sion thereof may be acquired only by donation. 

OTHER AUTHORITIES 

Sec. 304. The authorities in this title are supplementary to any other authori- 
ties available to the Secretary with respect to the acquisition, development, and 
administration of the areas referred to in section 301. 

NAME change; CITY OF REFUGE NATIONAL HISTORICAL PARK 

Sec. 305. The Act of July 21, 195.5 (69 Stat. 376) is hereby amended to redesig- 
nate the City of Refuge National Historical Park as the Puuhonua o Honaunau 
National Historical Park. 

BLACK HAMMOCK ISLAND 

Sec 306. The lot on Black Hammock Island ; identified by warranty deed num- 
bered 70-56903, recorded among the land records of Duval County, Florida, on 
November 23, 1970, owned by the Government, shall, punsuant to the Act of 
December 18, 1967 (81 Stat. 656; 16 U.S.C. 19g, 19h), be deeded to the National 
Park Foundation to be sold at fair market value. The proceeds of such sale shall 
be remitted to the National Park Service for land acquisition and development 
of the Fort Caroline National Memorial. 

ALLEGHENY PORTAGE RAILROAD NATIONAL HISTORIC SITE AND JOHNSTOWN FLOOD 

NATIONAL MEMORIAL 

Sec. 307. (a) The Secretary is authorized to revise the boundaries of the Al- 
legheny Portage Railroad National Historic Site and the Johnstown Flood Na- 
tional Memorial in Pennsylvania to add approximately five hundred and twenty- 
six acres and sixty-seven acres respectively. Sections 302 and 303 shall be appli- 
cable to such boundary revision. 



282 



(b) In addition to amounts otherwise available for such purposes there are 
authorized to be appropriated not more than $2,743,000 for land acquisition and 
$4,280,000 for development to carry out the purposes of this section. 

FORT LARAMIE NATIONAL HISTORIC SITE 

Sec. 308. (a) The first section of the Act entitled "An Act to revise the bound- 
aries and change the name of the Fort Laramie National Alonument, Wyoming, 
and for other purposes", approved A^ril 29, 1960 (74 Stat. 83), is amended to read 
as follows : "That in order to preserve the sites of historic buildings and roads 
associated with Fort Laramie, the boundaries of the Fort Laramie National His- 
toric Site shall hereafter comprise the area generally depicted on the map en- 
titled 'Boundary Map, Fort Laramie National Historic Site", numbered 375- 
90,001, and dated September 1977. The map shall be on file and available for 
public inspection in the office of the National Park Service, Department of the 
Interior". 

(b) The first sentence of section 2 of such Act is amended by inserting between 
the words "boundary" and "described" the phrase "as depicted on the map.". 

FORT UNION TRADING POST NATIONAL HISTORIC SITE 

Sec. 309. (a) The first section of the Act entitled "An Act to authorize estab- 
lishment of the Fort Union Trading Post National Historic Site, North Dakota 
and Montana, and for other purposes", approved .Tune 20, 1966 (80 Stat. 211), 
is amended by deleting "located in Williams County, North Dakota, and such 
additional lands and interests in lands in Williams County. North Dakota, and 
Roosevelt County, Montana," and inserting in lieu thereof "located in the States 
of North Dakota and Montana," and by deleting "400 acres" and inserting in lieu 
thereof "570 acres as generally depicted on the map entitled 'Fort Union Trading 
Post, Montana-North Dakota', numbered 436-80,02.'5, and dated February 1977". 

(b) Section 4 of such Act is amended by deleting .$613,000 for the acquisition 
of lands and interests in lands and for the development" and inserting in lieu 
thereof "$280,000 for the acquisition of lands and $4,416,000 for development". 

ADDITION OF DORCHESTER HEIGHTS TO THE BOSTON NATIONAL HISTORICAL PARK 

Sec. 310. (a) Section 2(a) of the Boston National Historical Park Act of 1974 
(88 Stat. 1184) is amended— 

(1) in paragraph (6) by striking out "and" at the end thereof; 

(2) in paragraph (7) by striking out the period and inserting in lieu 
thereof " ; and" ; and 

(3) by inserting at the end thereof the following new paragraph: 
"(8) Dorchester Heights. Boston.". 

(b) Section 3(a) of such Act is amended — 

(1) in paragraph (3) by inserting "and" after the semicolon; 

(2) by striking out "(4) Dorchester Heights; and"; and 

(3) by striking out "(5)" and inserting in lieu thereof "(4)". 

(c) There are authorized to be appropriated such sums as may be necessary 
for the acquisition of lands or interests in lands designated by the amendment 
made by subsection (a) as a component of the Boston National Historical Park, 
and for the development of such component. 

ADDITION OF SAILORS SNUG HARBOR TO GATEWAY NATIONAL RECREATION AREA 

Sec 311. (a) The property known as Sailors Snug Harbor consisting of ap- 
proximately eighty acres, located in and owned by the city of New York, shall 
be included in, and be administered as, part of the Gateway National Recreation 
Area. 

(b) The Secretary of the Interior is authorized to enter into cooperative agree- 
ments with the city of New York and the Snug Harl>or Cultural Center, Incorpo- 
rated, to provide protection and technical assistance for the area designated under 
subsection (a). 

(c) The provisions of this section shall take effect only upon donation by the 
city of New York to the United States of the property referred to in subsec- 
tion (a). 



283 



10 

ADAMS NATIONAL HISTORIC SITE, M ASSACIIVSETTS 

Sec. 312. (a) In order to preserve for the benefit, education, and inspiration 
of pre.sent and future generations the birthplaces of .lohn Adams and .lolin 
Quincy Adams, the Secretary is authorized to accept llie conveyance, williout 
monetary consideration, of the proi)erty known as the .lolin Adams Hirtliplace 
at 133 Franlilin Street, and the projierty known as the .lohn (Juiiicy Adams 
Birthphice at 141 Franklin Street, in Quincy, Massachusetts, toRether with such 
adjacent real proi)erty as may be desirable, for administration as part of the 
Adams National Historic Site in Quincy, Massachusetts. ToKether with, or 
following such conveyance, the Secretary is authorized to accept the conv(>yaiice, 
without monetary consideration, of furnishings and iK'rsonal proix»rty relating 
to such birthplaces, after consultation with appropriate officials of the city 
of Quincy and with the owner or owners of such furnishings and iiersonal 
property. 

(b) The Secretary shall administer the proi)erties actpiired jiursuant to the 
first section of this Act as part of the Adams National Historic Site in accord- 
ance with this section and the provisions of law generally applicable to national 
historic sites, including the Act of August 25, 1916 (39 Stat. 535) and the Act 
of August 21, 1935 (49 Stat. 666) . 

ADDITION OF EPPE8 MANOR TO PETERSBURG NATIONAL BATTLEFIELD 

Sec. 31.3. (a) The Secretary is authorized to acquire not more than twenty-one 
acres, which shall include the historic Eppes Manor, and such other lands 
adjacent thereto as he deems necessary, for addition to the I'etersburg National 
Battlefield, as generally depicted on the map entitled "Petersburg National 
Battlefield. Virginia", numbered APMA 80,001, and dated May 1978. 

(b) Tliere are hereby authorized to be appropriated not to exceed $2,200,(M)0 
to carry out the purposes of this section. 

ADDITION OF MINERAL KING VALLEY TO SEQUOIA NATIONAL PARK 

Sec. 314. (a) It is the purpose of this section to — 

(1) assure the preservation for this and future generations of the out- 
standing natural and scenic features of the area commonly known as the 
Mineral King Valley and previously designated as the Setjuoia National 
Game Refuge and 

(2) enhance the ecological values and public enjoyment of such area by 
adding such arefi to the Sequoia National Park. 

(b) (1) In order to add to the Sequoia National Park (hereinafter in this sec- 
tion referred to as the "park") a certain area known as Mineral King Valley 
possessing unique natural and scenic values, there is hereby established as part 
of such park all lands, waters, and interests therein constituting approximately 
sixteen thousand two hundred acres designated before the date of the enactment 
of this Act as the Sequoia National Game Refuge and as depicted on the 
drawing entitled "Boundary Map, Sequoia-Kings Canyon National Park", num- 
bered 102-90,000 and dated April 1975. A copy of such drawing shall be on file 
and a\-ailable for public inspection in the office of. the Director, National Park 
Service. Department of the Interior. After advising the Committee on Interior 
and Insular Affairs of the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United States Senate in 
writing, the Secretary is authorized to make minor revisions of the boundaries 
of the park when necessary by publication of a revised drawing or other 
boundary description in the Federal Register. 

(2) The Sequoia National Game Refuge is hereby abolished and the Senretary 
of Agriculture shall transfer, without consideration, to the administrative juris- 
diction of the Secretary, the area constituting such refuge, and any unexi)ended 
funds available for purposes of management of the refuge shall be available for 
purposes of management of the park. 

(c) (1) Within the boundaries of the area added to the park pursuant to this 
section, the Secretary may acquire lands and interests in lands by donation, pur- 
chase with donated or appropriated funds, exchange, or transfer from other Fed- 
eral departments or agencies. 



38-854 O - 79 - 19 



284 



11 



(2) Where the private use of any property acquired pursuant to this subsection 
would, in the judgment of the Secretary, be compatible with the purposes of this 
section, the Secretary may, as a condition of such acquisition, permit the owner 
or owners of such property to retain for themselves and their successors or as- 
signs rights of use and occupancy. Such rights of use and occupancy shall be for 
not more than twenty-five years or for a term ending at the death of the owner or 
his or her spouse, whichever is later. The owner shall reserve such rights and 
elect the term to be reservetl on the date of acquisition of the property. Except 
for so much of the property as is donated, the Secretary shall pay to the owner 
the fair market value of the property on the date of its acquisition, less the fair 
market value on that date of the right retained by the owner. 

(3) A right of use and occupancy retained pur.suant to paragraph (2) may be 
terminated by the Secretary upon his determination that the property or any 
portion thereof is being used in a manner which is incompatible with the pur- 
poses of this section. Such right shall terminate by operation of law upon notifi- 
cation by the Secretary to the holder of the right of such determination and ten- 
dering to him the amount- equal to the fair market value of that portion which 
remains unexpired as of the date of such tender. In the case of any property 
which was used for noncommercial purposes during the ten calendar years imme- 
diately preceding the enactment of this Act, the commercial use of such proijerty 
subsequent to the enactment of this Act shall be tretiled as incompatible with the 
purposes of this section. In the case of any property which was used for commer- 
cial purposes at any time "during the ten calendar years immediately preceding 
the enactment of this Act, any substantial change or expansion of such commer- 
cial use subsequent to the enactment of this Act without the express approval 
of the Secretary shall be treated as incompatible with such purposes. 

(4) In exercising his authority to acquire property under this section, the Sec- 
retary shall give prompt and careful consideration to any offer made by an indi- 
vidual owning property within the park to sell such property if such individual 
notifies the Secretary that the continued ownership of such property is causing, 
or would result in, undue hardship. Nothing in this section, or in any other provi- 
sion of law, shall prevent the Secretary from exercising his authority to acquire 
property referred to in this subsection at any time after the date of the enact- 
ment of this Act. 

(5) If any individual tract or parcel of land acquired is partly inside and 
partly outside the boundaries of the park the Secretary may, in order to mini- 
mize the payment of severance damages, acquire the whole of the tract or parcel. 

(6) If the management plan prepared under subsection (e) provides for 
improved access to the area added to the park under this section, the Secretary 
is authorized to acquire, by donation, purchase with donated or appropriated 
funds, exchange or transfer from other Federal departments or agencies, the 
area comprising the road from State Route 198 to, and within, the Mineral King 
Valley together with a right-of-way for such road of a width sufficient to include 
improvements to the road and all bridges, ditches, cuts, and fills appurtenant 
thereto, but not exceeding a maximum average width of two hundred feet. No 
property may be acquired under this paragraph from a State or political sub- 
division thereof without the consent of the State or political subdivision, as the 
case may be. With regard to routes of access to and within the Mineral King 
Valley, the Secretary .shall take such measures as are necessary to protect against 
the effects of siltation on the ecosystem of the park. 

(7) The Secretary shall report to the committees of the Congress named in 
subsection (b) (1) the action taken by him pursuant to this subsection. Such 
report shall contain information sufficient to inform such committees of — 

(A) the acquisitions made by him pursuant to this subsection during the 
period covered by such report ; 

(B) his reasons why all of such property authorized to be acquired and 
not so acquired as of the date of such report, if any, have not "been acquired ; 
and 

(C) his schedule of a timetable for the acquisition of such property re- 
ferred to in subparagraph (B). 

Such report shall be submitted before the expiration of the second fiscal year 
beginning after the date on which the comprehensive management plan is sub- 
mitted to the committees of Ck)ngress pursuant to subsection (e). 



285 



12 

(d) (1) The area added to the jmrk by this section shall l)e administered in 
acfordnnec with this section and the jirovisions of hiw generally a|ii»licnl)le to 
units of the National I'ark System inc-liidiiiK the Act of August 27t. lltlO (39 
Stat. 535: 1(> r.S.(\ and foilowinj;) and the Act of Seplemlier :i5. 1S!M) CJ*! Stat. 
47s ; 10 r.S.C. 41 and followinR). Any other statutory authority available to the 
Secretary for the conservation and niananement of wildlife, wildlife habitat, 
and natural resources may be utilized to the extent he finds such authority will 
furtlier the purposes of this section. 

(2) (A) Except in the case of a lease or i>ermit which the Secretary deter- 
mines to be incompatible with the administration of the park pursuant to this 
section, any lease or iK'rmit on Federal land within the area added to the park 
under this section which is in effect immediately before the eiuictment of this 
Act shall continue in effect pursuant to its terms and conditions following the 
expansion of the park under this .section. 

(B) In the case of a lease or permit which is continued under subparagraph 
(A), ui)on notice to the Secretary by the lessee or i)ermittee of his intention to 
seek renewal or extension of such lease or permit, the lease or permit shall be 
reviewed by the Secretary, aT>d may be renewed or extended for an additi >nal 
period of five years. Any such lease or permit shall be reviewed at the end of 
such renewal or extension period and may also be renewed or extended in the 
same manner for additional five-year |>eriods thereafter. Any renewals or ex- 
tensions of leases or permits shall be granted only to those persons who were 
lessees or permittees of record on the date of enactment of this Act, and any 
such lease or i)ermit shall provide that the lease or permit may be terminated 
by the Secretary at any time if the Secretary determines that such lease or 
permit is incompatible with the administration of the park pursuant to this 
section or that the land is needed for park pnri>oses. 

(3) The Act of December 14, 1974 (88 Stat. 1660) is amended by inserting the 
following new section after section 4 : 

"Sec. 5. Xotwithstanding any other provision of lav\'. any federally owned lands 
incorporated within the boundaries of Sequoia National Park subsequent to the 
date of enactment of this Act. which entail project works, developments, lands, 
or facilities which are components of Federal Power Commission Project Num- 
bered 298. shall be subject to all provisions of this Act.". 

(e) (1) Within two years from the date of enactment of this Act. the Secre- 
tary, in cooperation with the State of California." shall develop and submit to 
the Committee on Interior and Insular Affairs of the T'nited States House of 
Representatives and the Committee on Energy and Natural Resources of the 
United States Senate, a comprehensive management plan for the area added to 
the park under this section. In the preparation of such plan, the Secretary shall 
give appropriate consideration to the need for the development of additional 
recreational opportunities and other public uses which are consistent with sound 
environmental management of the area and the policies of the National Park 
Service. 

(2>(A) In preparing the comprehensive management plan required by this 
subsection and in preparing any subsequent revision of such plan, the Secretary 
shall provide for fidl public i)articii)ation and s-hall coTisidcr the comments and 
views of all interested agencies, organizations, and individuals. 

(B) For purposes of insuring such full public participation, the Secretary 
shall provide reasonable advance notice to State and local governments, inter- 
estetl Federal agencies. i>rivate organizations, and the general jiublic of bearings, 
workshops, meetings, and other opportunities available for such participation. 
Such notice shall be published in newspapers of I'eneral circulation in the locali- 
ties affected by the development and management of the park, published in the 
Federal Register, and communicated by other appropriate means. The Western 
Regional Advi.sory Committee of the National Paik Service (or a subcommittee 
thereof) .shall also be utilized for purposes of facilitating pn))lic involvement. 

(C) The Secretaries or Directors of all Federal departments, agencies, and 
connnissions having a relevant expertise as hereby authorized and directed to 
cooperate with the Secretary in his develoi)nient of such plan and to make such 
studies as the Secretary may rc(|uest on a cost reimbursable basis. 

(D) In preparing the compreheu'-ive management plan required liy this sub- 
section, the Secretary shall consider technical information and other pertinent 



286 



13 

data assembled or produced by field studies or investigations conducted sepa- 
rately or jointly by the technical and administrative personnel of the Federal and 
State agencies involved in order to insure the permanent conservation of wildlife 
within the area added to the park by this section. Except in emergencies, rules 
and regulations pertaining to the management of wildlife within the area added 
to the park by this section shall be put into effect only after consultation with 
the State of California. 

(f) There are hereby authorized to be appropriated such sums as may be 
necessary for the acquisition of land and interests therein described in this 
section. 

(g) Effective upon the transfer referred to in subsection (b) (2), Public Law 
85-648 (72 Stat. 604; 16 U.S.C. 45a-3) and section 6 of the Act of July 3, 1920 
(44 Stat. 821; 16 U.S.C. 688) are hereby repealed. The repeal of such section 6 
shall not be construed to prohibit or prevent the Secretary from exercising any 
authority applicable to the national parks respecting the protection of birds, 
game, or other wild animals. 

CUYAHOGA VALLEY NATIONAL RECREATION AREA 

Sec. 315. (a) Section 2(a) of the Act of December 27, 1974, entitled "An Act 
to provide for the establishment of the Cuyahoga Valley Recreation Area" (88 
Stat. 1784) is amended by striking out "Boundary Map, Cuyahoga Valley Rec- 
reation Area, Ohio, numbered 90,C00-A, and dated September 1976," and in- 
serting in lieu thereof "Boundary Map, Cuyahoga Valley National Recreation 
Area, Ohio, numbered 90,C01-A, and dated May 1978.". 

(b) Section 6(a) of such Act is amended by striking out "$41,100,000" and 
inserting in lieu thereof "$70,100,000". 

(e) The first sentence of section 6(b) of such Act is amended to read as fol- 
lows : "For the development of the recreation area, including improvements of 
properties acquired for purposes of this Act, there is authorized to be appro- 
priated not more than $26,000,000". 

(d) Section 2(e) of such Act is amended by adding the following at the end 
thereof : "In applying this subsection with respect to lands and interests therein 
added to the recreation area by subsection (a) of section 315 of the National 
Parks and Recreation Act of 1978 the date 'January 1, 1978,' shall be substituted 
for the date 'January 1, 1975,' in each place it appears.". 

(e) Section 4(f) of such Act is amended by inserting "(or intergovernmental 
organization)" after "local government" in each place it appeals and by adding 
the following new sentence at the end thereof: "Assistance under this subsection 
may include payments for technical aid.". 

DELAWARE WATER GAP NATIONAL RECREATION AREA 

Sec. 316. Section 2(a) of the Act entitled "An Act to authorize establishment 
Of the Delaware Water Gap National Recreation Area, and for other purposes", 
approved September 1, 1965 (79 Stat. 612) is amended by adding the following 
at the end thereof : "Beginning on the date of the enactment of the National 
Parks and Recreation Act of 1978, the Secretary of the Interior is authorized to 
acquire for purposes of the recreation area established under this Act all lands 
and interests therein within the exterior boundaries of the area depicted on the 
drawing referred to in this subsection (including any lands within such exterior 
boundaries designated for acquisition by the Secretary of the Army in connec- 
tion with the project referred to in this subsection). In exercising such authority, 
the Secretary of the Interior may permit the retention of rights of use and oc- 
cupancy in the same manner as provided in the case of acquisitions by the Secre- 
tary of the Army under subsection (d). On the date of enactment of the Na- 
tional Parks and Recreation Act of 1978. the acquisition authorities of any other 
Federal agency contained in this subsection shall terminate and the head of anj 
other Federal agency shall transfer to the Secretary of the Interior jurisdiction 
over all lands and interests therein acqiiired by said agency under the authority 
of this Act. or any other authority of law which lands are within the exterior 
boundaries of the area depicted on the drawing referred to in this sub.section. 
On the date of enactment of the National Parks and Recreation Act of 197H, all 



287 



14 

unexpended balances available to any other Federal agency for aeqtiisition of 
land within the exterior iKnindaries ref«'rre<l to in the |»re«-e<lin(j sentence shall 
be transferred to the Secretary of the Interior to be use<l for sni-h purposes. In 
carrying' ont his aci|nisition authority under this sei-lion the Secretary shall Kive 
priority to the folIowlnR: 

"(1) coniitletion of acfpiisition of lands for which coiulemnation proceed- 
ings have liecn started pursuant to the authorization of the project referred 
to in this subsection ; 

"(2) acipiisition of lands of lieneticial owners, not beinir a corporation, 
who in the judgment of the Secretary would suffer liardship if a<-iiiiisition 
of their lands were delayed ; 

"(H) acquisition of lands on which, in the judgment of the Secretary, 
there is an ininiinent danger of development that would be incompatible 
with the purposes of the recreation area : 

"(41 ac<|uisition of lands of beneficial own«'rs. not being a corporati(Ui, 
who are willing to sell their lands provided they are atile to continue to use 
it for nonionnnercial residential purixises for a limited period of time which 
will not, in the judgment of the Secretary, unduly interfere with the develop- 
ment of public use facilities for such national recreation area, pursuant to 
the authorization for such area: 

"(o> acquisition of scenic easements when, in the judgment of the Seore- 
tar.v, siu'li easements are sutHcient to carry out the purposes for which such 
national recreation area was authorized ; and 

"(li) acquisition of lands necessary to preserve the integrity of the recre- 
ation area.". 

0OLt)FN C,.\rr. N.\TI0.\AI, RJXREATION .\KEA 

Skc. 317. (a) Subsection 2(a) of the Act of October 27. 1072 (86 Stat. 12»!1), as 
amended (10 I'.S.C. 450), is further amende<l to read as follows: "'(a) The recre- 
ation area shall comprise the lands, waters, and submerged lands generally de- 
picted on the map entitled "Revised H'>nndary Map (Jolden Gate National Recre- 
ation Area, numbered XRA-GG-S0,003-J and dated May 5. 1978.'. 

(b) Sect'on 3(e) of such Act is amended by deleting "forty-live" and in.serting 
"one hundred and fifteen" in lieu thereof. 

(c) Section 3(i) of such Act is amended to read as follows: 

"(i) New construction and development within the bouiulnries described in sec- 
lion 2(a) on lands under the administrative juri.-<diction of a department other 
than that of the Secretary is prohibited, exfH'fit that improvements on lands which 
have not been transferre<l (o bis administrative jurisdiction may be reconstructed 
or demolis'ied. An.v such structure which is demolished may be replaced with an 
imjirovement of similni- size, following consultation with the Secretary or his 
designated representative, who shall conduct a i)ublic hearing at a location in the 
general vicinity of the are.T. notice of which shall be given at least one week prior 
to the date thereof. The foregoing limitation on construction and development 
shall not apply to expmsion of those facilities known as L(>tterman General Hos- 
pital or the Western Medical Institute of Research.'". 

(d) Sub.section 3(,j) of such Act is amended to read as follows: 

"(j) Tlie owner of improvtHl residential property or of agricultural jirojierty 
on the date of its acquisition by the Secretary under this Act may. as a condition 
of such acquisition, retain for himself and bis or her heirs and assigns a right of 
use aiul occui>ancy for a definite term of not m(U-e than twenty-five years, or. in 
lieu thereof, for a term ending at the death of the owner or the death of his or her 
sj)ouse, whichever is later. The owner shall elect the term to be reserved. I'nless 
tlie proi)erty is wholly or parfly donated to the I'nited States, the Secretary shall 
pay to the owner the f.-iir market value of the property on the dale of accpiisition 
minus the fair market value on that date of the right retained by the owner. A 
right retained inirsuant to this section shall be subject to termination by the Sec- 
retary upon his or her determination tli;it it is being exercisecl in a manner incon- 
sistent with the pnrj OSes of this Act. ami it st-all terminate by ojH'r.ition of law 
upon the Secretary's notifyin^r the holder of the right of such determination and 
tendering to him or her an amount eipial to the fair market value of that j)ortion 
of the right which remains unexpired. Where aptuonriate in the di.seretion of 
the Secretary, he or she may lease federally owikhI land (or any interest therein) 



288 



15 

which has been acquired bj' the Secretary under this Act, and which was agricul- 
tural land prior to its acquisition. Such lease shall be subject to such restrictive 
covenants as may be necessary to carry out the purposes of this Act. Any land to 
be leased by the Secretary under this section shall be offered first for such lease 
to the person who owned such land or who was a leaseholder thereon immediately 
before its acquisition by the United States.". 

(e) In subsection 3(k) of such Act. following "June 1, 1971," insert "or, in 
the case of areas added by action of the 95th Congress, January 1, 1978," ; and 
at the end of the subsection, add the following new sentence : "The term 'agri- 
cultural property as used in this Act means lands which are in regular use 
for agricultural, ranching, or dairying purposes as of January 1, 1978, together 
with residential and other structures related to the above uses of the property 
as sndh structures exist on said date." 

(f) Section 3 of such Act is amended by adding the following at the end 
thereof : 

"(n) The Secretary shall accept and shall manage in accordance with this 
Act, any land and improvements adjacent to the recreation area which are 
donated by the State of California or its political subdivisions. The boundaries 
of the recreation area shall be changed to include such donated lands. 

"(o) In acquiring those lands authorized by the 95th Congress for the pur- 
poses of this Act, the Secretary may, when agreed upon by the landowner in- 
volved, defer payment or schedule payments over a period of ten years and pay 
interest on the unpaid balance at a rate not exceeding that paid by the Treasury 
of the United States for borrowing purposes." 

(g) Section 4 of such Act is amended by adding the following at the end 
thereof : 

"(e) No fees or admission charges shall be levied for admission of the gen- 
eral public to the recreation area except to portions under lease or permit for 
a particular and limited purpose authorized by the Secretary. The Secretary 
may authorize reasonable charges for public transportation and, for a period 
not exceeding five years from the date of enactment of this legislation, for ad- 
mission to the sailing vessel Balclutha.". 

POINT REYES NATIONAL SEASHORE 

Sec. 318. (a) Section 2(a) of the Act of September 13, 1962 (76 Stat. 538) 
as amended (16 U.S.C. 459) is further amended as follows : 

"Sec. 2(a) The Point Reyes National Seashore shall consist of the land, 
waters, and submerged lands generally depicted on the map entitled 'Boundary 
Map, Point Reyes National Seashore', numbered 612-80,008-E and dated May 
1978. 

The map referred to in this section shall be on file and available for pubUc 
inspection in the Offices of the National Park Service, Department of the In- 
terior, Washington, District of Columbia. After advising the Committee on 
Interior and Insular Affairs of the United States House of Representatives and 
the Committee on Energy and Natural Resources of the United States Senate 
in writing, the Secretary may make minor revisions of the boundaries of the 
Point Reyes National Seashore when necessary by publication of a revised 
drawing or other boundary description in the Federal Register.". 

(b) Section 5(a) of such Act is amended to read as follows : 

"Sec. 5. (a) The owner of improved property or of agricultural property on the 
date of its acquisition by the Secretary under this Act may, as a condition of 
such acquisition, retain for himself and his or her heirs and assigns a right of 
use and occupancy for a definite term of not more than twenty-five years, or, in 
lieu thereof, for a term ending at the death of the owner or the death of his or 
her spouse, whichever is later. The owner shall elect the term to be reserved. Un- 
less the property is wholly or partly donated to the United States, the Secretary 
shall pay to the owner the fair market value of the property on the date of ac- 
quisition minus the fair market value on that date of the right retained by the 
owner. A right retained pursuant to this section .shall he subject to termination 
by the Secretary upon his or her determination that it is being exercised in a 
manner inconsistent with the purposes of this Act, and it shall terminate by op- 



289 



16 

eration of law iiprtii the Seoretary's nofifying the liolder of the riitht of such 
determination and tendi-rinK to him or her an amount etpial to the fair market 
value of that iiortion of the rijrht which remains uncxiiired. Wiicre approiirial;' 
in ttie discretion of the Secretary, he or she may h'ase federally owned land (or 
any interest therein) which has heen acquired hy the Secretary under lliis Act. 
and which was aKricultural land prior to its acquisition. Such h'lise shall he 
subject to such restrictive covenants as may be necessary to carry out the pur- 
poses of this Act. Any land to be leased by the Se<-refary under this .sectif)n shall 
be offered first for such lea.se to the person who owned such land or was a lease- 
holder thereon immediately before its acnuisition by the T'nited States." 

(c) In subsection 5(b) of such Act, following "September 1, 1950.'" insert "or, 
in the case of areas added by action of the 95th Pongress, May 1. 1978." ; and at 
the end of the subsection, add the following new sentence : "The term 'agricul- 
tural property' as tised in this Act means lands which were in regular use for, 
or were being converted to agricultural, ranching, or dairying purposes as of 
May 1, 197S. together with residential and other structures related to the above 
uses of the property." 

(d) Section 5 of such Act is amended by adding the following new subsection 
(c) to read as follows : 

"(c) In acquiring those lands authorized by the 95th Congress for the purposes 
of this Act, the Secretary may, when agreed upon by the landowner involved, 
defer payment or schedule pavments over a period of ten years and pay interest 
on the unpaid balance at a rate not exceeding that paid by the Treasury of the 
United States for borrowing purposes." 

(e) Section 8 of such Act is renumbered section 9 and the following new sec- 
tion is inserted after section 7 : 

"Sec. 8. The Secretary .shall cooperate with the Bolinas Public Utilities Dis- 
trict to protect and enhance the watershed values within the seashore. The Sec- 
retary may. at his or her discretion, permit the use and occupancy of lands 
within the seashore by the utilities district for water supnly pumoses, subject 
to such terms and conditions as the Secretary deems are consistent with the 
purposes of this Act." 

ANTIETAM NATIONAL BATTLEFIELD 

Sec. 319. (a ) In furtherance of the purpo.ses of the Act entitlf^d "An Act to pro- 
vide for the protection and T)r°.servntion of the Antietam Battletield 'n the State of 
Marvland". aT>proved April 22, 19fi0 (74 Stat. 79). and other Acts relative thereto, 
the Secretar.v is hereby authorized to acq)iire interests in ailditional lands as gen- 
erally depicted on the map ontitlrd 'Roundary Man Antiotam Xatioml Battle- 
field. Washington County, Maryland. ' numl)ere<1 302-80.005-A and dated June 
1977. The acquisition of such interests in land shall be limited to scenic easements 
only. 

(b) The Antietam National Battlefield Site established pursu<int to such Act of 
April 22 1900. including interests in land acquired by the Se'-relary pursuant to 
subsection (a) of this section, is hereby redesignated the "Antietam National 
Battletield". The boundaries of such battlefield are hereliy revised to include the 
arei genernlly depicted on the man referenced in subsection (a) of this s'Ction. 
which shall be on file and available for public inspection in the offices of the Na- 
tional Park Service, Department of the Interior. 

CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK 

Set. 320. (a) Section 8(h) of tb° Act of January 8. 1971 (84 Stat. 19T8) fis' 
amended bv changing "$20,400,000" to "$28.400.fr')0" and by changing "$17,000,000 
(1970 prices)" to "$2*2.000.000 (October 1978 prices)". 

(b) The boundaries of the Chesapeake and Ohio Canal National Historical 
Park are revised to include approximately 600 additional acres. 

VIRGI.N ISLANDS NATIONAL PARK 

Sec 321. (i) (l) The first paragraph of .section 1 of the Act of October 5. lf)*52 
(76 Stat. 746; 16 U.S.C. 398c). is amended by adding a comma after the words 
'adjoining lands, submerged lands, and waters" and inserting "and Hassel Island 



290 



17 

located in Saint Thomas Harbor and adjoining lands, submerged lands, and 
wfttors " 

(2) Such section 1 is further amended by inserting immediately before the last 
paragraph, the following : 

"IIASSEL ISLAND 

"The area known as Hassel Island in Saint Thomas Harbor consisting of ap- 
proximately one liundred and thirty-five acres, together with such adjoining , 
lands submerged lands, and waters as the Secretary of the Interior deenas appro- 
priate, but the boundaries shall nor, in any event, extend beyond one hundred 
yards from the mean high water mark of the island.". 

(b) Section 2 of such Act is amended by— 

(1) inserting "(a) "after "Sec. 2"; ^ .,_ . „ . 

(2) adding at the end of the first sentence thereof the following: In 
acquiring such lands, up to 6.6 acres, the Secretary may, when agreed upon 
by the landowner inTOlved, defer payment or schedule payments over a 
period of ten years and pay interest on the unpaid balance at a rate not 
exceeding the current prevailing commercial rate." ; and 

(3) adding the following at the end thereof : 

"(b) The Secretary is authorized and directed to the maximum extent feasible 
to employ and train residents of the Virgin Islands to develop, maintain, and 
administer the Virgin Islands National Park. 

"(c) Subject to continued protection and use of Hassel Island for park and 
recreation purposes and such other conditions as the Secretary may deem ap- 
propriate, the Territory of the Virgin Islands may, within but not after five 
years after the date of the enactment of this subsection, by duly enacted legis- 
lation acquire all interests of the United States in Hassel Island by reimbursing 
the United States in an amount equal to the amounl actually expended by tlie 
United States for the acquisition of lands and interests in lands and for the 
costs of construction of permanent improvements, if any. 

"(d)(1) Except for property deemed necessary by the Secretary of the 
Interior for visitor facilities or administration of the park, any owner or owners 
of improved property on Hassel Island on the date of its acquisition, may retain 
for themselves a nontransferrable right of use and occupancy of the property 
for noncommercial residential purposes, for twenty- five years, or, in lieu thereof, 
for a term ending at the death of the owner or the owner's spouse, whichever is 
later. The owner shall elect the term to be reserved. The Secretary shall pay 
to the owner the fair market value of the property on the date <if such acquisi- 
tion, less the fair market value on such date of the right retained by the owner. 
The authority of the Secretary to acquire the property commonly known as 
the Royal Mail (hotel) by condemnation shall be suspended for ten years from 
the date of enactment and the Secretary shall acquire such property only witli 
the consent of the owner or owners thereof, if such owner or owners agree, in 
writing, within ninety days after the enactment of this sni-section to grant to 
the United States the right of first refusal to purchase such property at a pur- 
chase price not exceeding the fixed value of said prooerty on ju'y 1. 1!)78. 

"(2) As used in subsection (d)(1), 'improved residential property' means 
a s-ngle-family dwelling, the construct'on of whif*h heean .Tam'ary 1. 1077. to- 
gether with such lands as are in the same ownership and appurtenant buildings 
located thereon. 

"(3) The Secretary may terminate a right of use and occupancy retained 
pursuant to subsection (d) (1) unon his determination that such use and oc- 
cupancy is being, or may be, exercised in a manner inconsistent with the purposes 
for which they were included within the park and upon tender to the holder of 
such right of the amount equal to the value of that portion of the right which 
remains unexpired on the date of termination.". 

(c) Section 3 of such Act is amended by inserting "(a)" immediately after 
"Sec. 3." and by adding the following new subsection at the end thereof: 

"(b)(1) NotwithstJinding any provision of law to the contrary, no fee or 
charge .shall be imposed on any permanent resident of the Virgin Islands for 
entrance or admission into the Virgin Islands National Park. 



\ 



291 



18 

"(2) NotwithstaudiiiK any j)rovisi(»ii of Inxv to flu> ((Hirrnry. im fee or <li«rK«> 
shall be Imposed on any I'nited States military jHTsonnel or dependents <if snrh 
IHTsounel for entrance or admission into the Virgin Islands .\ali<Muil I'ark.". 

(d) Section 4 of s>ioli Act is amended to read as follows: 

"Sec. 4. Effective Octol»er 1. 1!»7S, there are anfhoriz«»<l to he appropriated 
smh sums as may be necessary for the ac<inisition of lands mid interests in lands 
within the Virgiii Islands National Park. For i>uriK).ses of this section, anniisi- 
tion.s of lands on Ilassel Island shall l>e deemed to bt acquisition.s qualifying 
for payment nnder the provisions of paracrapb (2) of the Ait of June 10, 1!»77 
{ Public Law !>.")-42: 1)1 Stat. 210). In addition to such sums as may have hereto- 
fore been appropriated for development of public facilities within the Virgin 
Islands National Park, effective October 1, 1!>7S. there are authorized to be 
appropriated not more than .?1.000.0(Mt for restoration and rehabilitation of 
historic structures and for development of public facilities on HasscI Island : 
Provided. That not more than $r>00.(KtO of such amount may be paid to the 
Territory of the Virprin Islands for its use in furthering projects inidertaken 
pursuant to the Ijind and Water Tonservation Fund Act. the Historic I're.ser- 
vation Act. or other comparable projirams upon the transfer of title to the 
T'nifetl States of all properties held by the Territory on Ilassel Island." 

(?) Section 2(c) of the Act entitled "An Act to authorize the establishment 
of the Virgin Islands National Park, and for other purposes' (70 Stat. 940; 16 
U.S.C 398) is amended by adding the following sentence at the end thereof: 
"Notwithstanding the acreage limitations and boundary designations contained 
in this section, the Secretary may, for administration as part of the park, also 
acquire, with the consent of the owner or by donation, real and personal property 
which is not within the defined boundaries of the park.", 

ALIBATES FLINT QVARRIES AND TEXAS PANHANDLE PUEBLO CULTLRE 
NATIONAL MONUMENT 

Sec. 322. (a) The tirst .section of the Act of August 31, 1965 (79 Stat. 587) is 
amended by adding at the end thereof the following: "The national monument 
shall comprise the area generally depicted on the map entitled Boundary Map, 
Alibates Flint Quarries', numbered 4.'^2-S(>,02]. and dated Novemler 1976. Minor 
boundary adjustments may be made from time to time by the Secretary.". 

(b) Section 3 of such Act is amended by deleting "$260,000" and inserting 
"$2,250,000" in lieu thereof. 

FIBE ISLAND NATIONAL SEASHORE 

Sec. 323. (a) Subsection (b) of the Act of September 11, 1964 (78 Stat. 928). 
as amended is further amended to read as follows : 

"(b) The boundaries of the national seashore shall extend from the easterly 
boundary of the main unit of Robert Moses State Park eastward to Moriches 
Inlet and shall include not only Fire Island proper, but also such Lslands and 
marshlands in the Great South Bay. Bellport Bay. and Moriches Bay adjacent 
to Fire Island as Sexton Island. West Island, Hollins Island. Ridge Island, 
Pelican Island, Pattersquash Island, and Reeves Island and such other small 
and adjacent islands, marshlands, and wetlands as would lend themselves to con- 
tiguity and reasonable administration within the distances of one thousand feet 
in the Atlantic Ocean and up to four thousand feet in Great South Bay and 
Moriches Bay and, in addition, mainland terminal and headquarters sites, not to 
exceed a total of twelve acres, on the Patchog le River within Suffolk County, 
New York, all as delineated on a map identified as Fire Island National Sea- 
shore', numbered OGP-0004, dated May 1978. The Secretary shall publish said 
map in the Federal Register, and it may also be examined in the oflSces of the 
Department of the Interior.". 

(b) Section 2 of such Act is amended by — 

(1) striking out "with one exception." 

(2) striking out "the sole exception" and substituting "an exception," and 

(3) adding the following new subsection at the end thereof : 
"(g) Notwithstanding the limitations of subsection (e) — 

"(1) the authority of the Secretary to condemn undeveloped tracts within 
the Dune District as depicted on map entitled 'Fire Island National Sea- 
shore' numbered OGP-0004 dated May 1978, is suspended so long as the 
owner or owners of the undeveloped property therein maintain the property 



292 



19 

in its natural state. The Secretary is authorized to acquire developed proper- 
ties within the Dune District when there is storm damage to improvements 
on the property in excess of 50 per centum ot the fair market value of such 
improvements or when the owner or owners of such property undertake ex- 
terior improvements which are other than routine maintenance activities; 
and 

"(2) in the event of catastrophic storm damage within any of the de- 
lineated communities, the Secretary is authorized to condemn improved and 
unimproved properties when ninety percent or more of all structures within 
a community are destroyed and damage to each structure to be acquired is 
in excess of fifty percent of its fair market value. Structures damaged less 
than 50 per centum of fair market value remain as inholdings exempt from 
condemnation.". 

TITLE IV— WILDERNESS 

DESIGNATION OF AREAS 

Sec. 401. The following lands are hereby designated as wilderness in accord- 
ance with section 3(c) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132(c)), 
and shall be administered by the Secretary in accordance with the applicable pro- 
visions of the Wilderness Act : 

(1) Big Bend National Park, Texas, wilderness comprising approximately 
five hundred and thirty-eight thousand two hundred and fifty acres, and 
potential wilderness additions comprising approximately forty-four thou- 
sand seven hundred and fifty acres, depicted on a map entitled "Wilderness 
Plan, Big Bend National Park, Texas", numbered 15.j-20.004r-D and dated 
January 1978, to be known as the Big Bend Wilderness. 

(2) Buffalo National River, Arkan.sas. wilderness comprising approxi- 
mately ten thousand five hundred and twenty-nine acres and potential wilder- 
ness additions comprising approximately twenty-five thousand four hundred 
and .seventy-one acres depicted on a map entitled "Wilderness Plan. Buffalo 
National River, Arkansas', numbered 17,H-20.03()-B and dated March 1975, 
to be known as the Buffalo National River Wilderness. 

(3) Carlsbad Caverns National I'ark, New Mexico, wilderness comprising 
approximately thirty-eight thousand acres and potential wilderness addi- 
tions comprising approximately three hundred and twenty acres, depicted 
on a map entitled "Wilderness Plan, Carlsbad Caverns National Park, New 
Mexico," numbered 130-20,003-C and dated May 1978, to be known as the 
Carlsbad Caverns Wilderness. 

(4) Crater Lake National Park. Oregon, wilderness comprising approxi- 
mately one hundred and twenty-seven thousand five hundred acres, depicted 
on a map entitled "Wilderness Plan, Crater Lake National Park, Oregon", 
numbered 106-20,006-F and dated May 1978, to be known as the Crater Lake 
Wilderness. 

(5) Cumberland Gap National Historical Park, Kentucky, Tennessee, Vir- 
ginia, wilderness comprising approximately twelve thousand seven hundred 
acres and potential wilderness additions comprising approximately one thou- 
sand nine hundred acres, depicted on a map entitled "Wilderness Plan, 
Cumberland Gap National Historical Park. Tennessee, Virginia, Kentucky", 
numbered 380-20,026-D and dated May 1978, to be known as the Cumberland 
Gap Wilderness. 

(6) Everglades National Park, Fl«rida, wilderness comprising approxi- 
mately one million two hundred and ninety-six thousand five hundred acres 
and potential wilderness additions comprising approximately eighty-one 
thousand nine hundred acres, depicted on a map entitled "Wilderness Plan. 
Everglades National Park, Florida", numbered 160-20,011 and dated June 
1974, to be known as the Everglades Wilderness. 

(7) Glacier National Park, Montana, wilderness comprising approxi- 
mately nine liundred and twenty-seven thousand five Inuidred and fifty acres 
and potential wilderness additions comprising approximatel.v three thou- 
sand three hundred and sixty acres, depicted on a map entitled "Wilderness 
Plan, Glacier National Park, Montana", numbered 117-20,010-A and dated 
March 1974. to be knowni as the Glacier Wilderness. 

(8) Guadalupe Mountains National Park. Texas, wilderness comprising 
approximately fifty -eight thousand acres and potential wilderness additions 



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20 

comprisiiiK iiiiiirnxiiiintfly scvoii Imiidicd jicrcs, dojiictpd (in n map piititliHl 
"Wildcriu'ss I'laii, (iiiadiihipf Moiiiitaiiis National Park, Texas", niiniln'rcd 
160-20,000-1) and dated May 1978. to be Unown as the Guadalupe Moun- 
tains Wilderness. 

(it) <;nlf Islands National Seashore, Florida, and Mississippi, wilderness 
comprisinK approximately one thousand eijilit hundred acres and potential 
wilderness additions comprising approximately two thousand elKht hundred 
acres, depicted on a nuip entitled "Wilderness I'lan, (Julf Islands National 
Seashore, Mississippi, Florida", numi)ered <>.'{r»-20,01S-A and dated March 
1J)77, to he kin)wn as the Gulf Islaiuls Wilderness. 

(10) Hawaii \olcanoi's National I'ark. Hawaii, \filderness comprisiuK ap- 
proximately one hundred and twenty-three thousand one hundred acres and 
I)Otential wilderness additions coni|irisinK approximately seven thou.sand 
eisht hundred and fifty acres, depicted on a nujp entitltd "Wilderness I'lan. 
Hawaii Volcanoes National I'ark, Hawaii", numbered 124-20,020 and dated 
April 1974, to be known as the Hawaii Volcanoes Wilderness. 

(11) Organ Pipe Cactus National Monument, Arizona, wilderness com- 
prising approximately three hundred and twelve thousand six hundred acres 
and potential wilderness additions comprising approximately one thousand 
two hundred and forty acres, depicted on a map entitled "Wilderness Plan, 
Organ Pipe Cactus National Moument, Arizona', numbered 1. 57-20, 001-A 
and dated January 1978, to be known as the Organ Pipe Cactus Wilderness. 

(12) Theodore Roosevelt National Memorial I'ark, North Dakota, wilder- 
ness comprising approximately twenty-nine thousand nine liundred and 
twenty acres, depicted on maps entitled "Theodore Roosevelt National Me- 
morial Park, North Dakota" (North Unit and South Unit) numbered 387- 
20,007-E and dated January 1978, to be known as the Theodore Roosevelt 
Wilderness. 

MAP AND DESCRIPTION 

Sec. 402. A map and description of the boundaries of the areas designated in 
this title shall be on file and available for public ins])ection in the office of the 
Director of the National Park Service, Department of the Interior, and in the 
Office of the Superintendent of each area designated in this title. As soon as 
practicable after this Act takes effect, maps of the wilderness areas and descrip- 
tions of their boundaries shall be filed with the Committee on Interior and In- 
sular Affairs of the House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate, and such maps and de.scriptions 
shall have the .same force and effect as if included in this Act : Provided, That 
correction of clerical and typographical errors in such maps and descriptions 
may be made. 

CESSATION OK CERTAIN USES 

Sec. 403. All lands which represent potential wilderness additions, upon publi- 
cation in the Federal Register of a notice by the Secretary that all uses thereon 
prohibited by the Wilderness Act have ceased, shall thereby be designated wilder- 
ness. I^nds designated as potential w-ilderness additions shall be managed by 
the Secretary insofar as practicable as wilderness until such time as said lands 
are designated as wilderness. 

ADMINISTRATION 

Sec. 404. The areas designated by this Act as wild-mess shall be administered 
by the Secretary of the Interior in accordance with the applicable provisions of 
the Wilderness Act governing areas designated by that Act as wilderness, except 
that any reference in such provisions to the effective date of the Wilderness Act 
shall be deemed to be a reference to the effective date of this Act, and, where 
appropriate, any reference to the Secretary of Agriculture shall be deemed to be a 
reference to the Secretary of the Interior. 

SAVINGS PR0\aSION6 

Set. 405. (a) Nothing in this title shall be construed as alterin- in any way any 
rights or claims which the Blackfeet Tribe of Ind'ans may have within or in the 
vicinity of Glac'-r National PtU. The second proviso of section 1 of the Act of 
May li, 1910 (36 Stat. 354 ; 16 U.S.C. 161) is repealed. 



294 



21 

(b) Nothing in this title shall be construed to diminish the authority of the 
Coast Guard, pursuant to sections 2 and 81 of title 14 United States Code and 
title 1 of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221), or the 
Federal Aviation Administration to use the areas designated wilderness by this 
Act within the Everglades National Park, Florida ; and the Gulf Islands Na- 
tional Seashore, Florida and Mississippi, for navigational and maritime safety 
purposes. 

(c) Nothing in this title shall be construed as altering in any way the author- 
ity granted to the International Boundary Commission under the treaties between 
the United States and Great Britain of April 11, 1908 (35 Stat. 2(X)3; 12 Bevans 
297) and February 24, 1925 (44 Stat. 2102; 6 Bevans 7) as related to lands within 
the Glacier Wilderness as designated by section 401 of this Act. 

TITLE V— ESTABLISHMENT OF NEW AREAS AND ADDITIONS TO 
NATIONAL TRAILS SYSTEM 

Subtitle A — Parks, Seashores, Etc. 

GUAM NATIONAL SEASHOEE 

Sbx!. 501. (a) In order to conserve and protect outstanding natural and scenic 
values on the island of Guam there is hereby established the Guam National 
Seashore (hereinafter in this section referred to as the "seashore"). The seashore 
shall consist of the area as generally depicted on the map entitled "Boundary 
Map, Guam National Seashore", numbered P-09-80,001-A and dated May 1978, 
which shall be on file and open to public inspection in the offices of the National 
Park Service, Department of the Interior. Following ninety days notice to the 
Committee on Interior and Insular Affairs of the House of Representatives and 
to the Committee on Energy and Natural Resources of the Senate, the Secretary 
may make minor revisions of the boundary of the seashore by publication of a 
revised map in the Federal Register. 

(b) Within the boundaries of the seashore established under this section the 
Secretary is authorized to acquire lands and waters and interests therein by 
donation, purchase with donated or appropriated funds, exchange, or transfer. 
Except for property deemed by the Secretary to be essential for visitor facilities, 
access, or administration of the seashore, acquisition by the Secretary of im- 
proved property (including sufficient land to protect the improvements) and agri- 

cultural land existing as of January 1, 1978, the Secretary shall be restricted to 1 

acquisition of easements to protect and maintain existing land use. ' 

(c) The Secretary shall administer property acquired under subsection (b) 
in accordance with this section and with the provisions of law generally appli- 
cable to units of the National Park System, including the Act of August 25, 1916 
(39 Stat. 535) and the Act of August 31, 1935 (49 Stat. 666) . 

(d) The Secretary is authorized and directed, to the maximum extent feasible, i 
to employ and train residents of Guam or of the Northern Mariana Islands to ( 
develop, maintain, and administer the seashore. 

(e) Within three years from the date of enactment of this Act, the Secretary 
shall transmit to the committees named in subsection (a) a general management 
plan for the seashore consistent with the purposes of this section. The plan 
shall be jointly developed by the Secretary and the government of Guam. 

(f) Pursuant to the plan developed under subsection (e). the Secretary shall 
seek to enter into an agreement with the government of Guam as to the role 
and responsibilities of the National Park Service and the territorial government 
in protecting, operating, and managing the seashore. 

(g) The Secretary shall provide technical assistance to the government of 
Guam for the development and management of the proposed Guam Territorial 
Seashore Park. 

(h)(1) Notwithstanding any provision of law to the contrary, no fee or 
charge shall be imposed on any permanent resident of Guam or the Northern 
Mariana Islands for entrance or admi.ssion into the Guam National Seashore. 

(2) Notwithstanding any provision of law to the contrary, no fee or charge 
shall be impo.sed on any United States military jier.sonnel or dependents of .such 
personnel for entrance or admission into the Guam National Seashore. 



295 



22 

(i) Effet'tive October 1, 1U7H, tlien> is aiithoriztHi to J>e appropriated $10,000,- 
0(N) for acijiiisition of land and interests In land and $r>lM>,000 for development to 
carry out tlie piirjioses of this section. 

WAR IN THE PACIFIC NATIONAL MISTORICAI. PARK 

Sec. ri012. (a> In order to coniineniorate the hravery and sacrifice of those 
parti('ii>atinK in the canipai^ins of the I'acihc theater of World War II an<l to 
conserve and interpret outstanding natural, scenic, and historic valnt-s iiinl 
obje<"ts on the island of Cuani for the In-netit and enjoyment of present and 
future Keneratioiis. the War in the racitio National Historical I'ark (hereinafter 
in this section referreil to as the "iwirk" i is hereby established. 

(b( The bounduries of the park shall be as nenerally depicted on the drawing 
entitled "Koundary Map. War in the racitic .National Historicil I'ark, Cnam" 
nuuil>ere<l I'-2+-«0,(X)0-B and dated March ]!»7s, which shall be on tile and avail- 
able for ins|)ection in the olfices of the National I'ark Service. Deiiartnient of 
the Interior. FollowinK ninety days, notice to the Coinniittce on Interior and 
Insular Affairs of the House of Representatives and to the Coniniittee on Knergy 
and Natural Ke.sources of the Senate, the Secretary may make minor revlsif»ns 
of the boundary of the park by publication of the revised map In the Federal 
Register. 

(c) Within the boundaries of the park, the Secretary may acquire lands and 
interests therein by donation, purchase with donated or appropriated funds, 
exchange, or transfer. 

(d)(1) Except for property deemed by the Secretary to be essential for visitor 
facilities, or for access to or administration of the imrk. any owner or owners 
of improved property on the date of its ac(juisition by the Secretary may, as a 
condition of such acquisition, retain for themselves and their successors or 
assigns a right of use and occupancy of the improved proj)erty for noncommer- 
cial residential purposes for a definite term not to exceed twenty-five years, or 
in lieu thereof, for a term ending at the death of the owner, or the death of 
his or her spouse, whichever is the later. The owner shall elect the term to be 
reserved. I'nless the proj)erty is wholly or partially donated, the Secretary shall 
pay to the owner the fair market value of the property on the date of such 
acquisition, less the fair market value on such date of the right retained by the 
owner. 

(2) The Secretary may terminate a right of use and occupancy retained 
pursuant to this subsection upon his determination that such use and occupancy 
is being exercised in a manner not consistent with the purposes of this section, 
and upon tender to the holder of the right of an amount equal to the fair market 
value of that portion of the right which remains unexpired on the date of 
termination. 

(3) The term "improved property", as used in this subsection shall mean a 
detached, noncommercial residential dwelling, the construction of which was 
begun before January 1, 1978 (hereinafter in this section referred to as a 
"dwelling"), together with .so much of the land on which the dwelling is situated, 
the said land being in the same ownership as the dwelling, as the Secretary 
shall designate to be reasonably necessary for the enjoyment of the dwelling 
for the sole purpose of noncommercial residential use, together with any struc- 
tures accessory to the dwelling which are situated on the land so desienated. 

(e) Other points on the island of Guam i)ertinent to this legi.slation may be 
identified, established and marked by the Secretary in agreement with the (Jover- 
nor of Guam. * 

(f) The Secretary shall administer property actjuired in accordance with this 
section and the provisions of law generally applicable to the management of units 
of the National Park System. 

(g) The Secretary is authorized to seek the ns.sistance of appropriate his- 
torians to interpret the historical aspects of the park. To the greatest extent pos- 
sible, interpretative activities will be conducted in at least two of the following 
three languages : English. Chamorro. and .Japanese. 

(h) The Secretary is authorized to enter into negotiations with the Secretary 
of Defen.se for the berthing and interpretation of a naval ves.sel of World War II 
vintage which shall be accessible to the jiublic on the island of Guam. 

(i) Within two years from the date of enactment of this Act. the Secretary 
shall develop and transmit to the committees named in subsection (a), a general 



296 



23 

management plan for the national historical park consistent with the purposes of 
this section. 

(j) The Secretary is authorized and directed, to the maximum extent feasible, 
to employ and train residents of Guam or of the Northern Mariana Islands to 
develop, maintain, and administer the park. 

(k) The Act of November 4, 1963 (77 Stat. 302) is hereby amended as follows : 

(1) in the first sentence of section 3, delete the comma after "United 
States" and delete the words "with interest as set forth below," and 

(2) after paragraph (c) of section 3, delete the last paragraph before sec- 
tion 4 and insert in lieu thereof : 

"All amounts heretofore withheld from sums collected pursuant to section 30 
of the said Organic Act as interest on the amounts made available to the Govern- 
ment of Guam pursuant to this Act shall be credited as reimbursement payments 
by Guam on the principal amount advanced by the United States under this Act.". 

(1) (1) Notwithstanding any provision of law to the contrary, no fee or charge 
shall be imposed on any permanent resident of Guam or the Northern Mariana 
Islands for entrance or admission into the War in the Pacific National Historical 
Park. 

(2) Notwithstanding any provision of law to the contrary, no fee or charge 
shall be imposed on any United States military personnel or dependents of such 
personnel for entrance or admission into the War in the Pacific National His- 
torical Park. 

(m) For the purposes of the park established imder this section, effective Octo- 
ber 1, 1978, there are authorized to be appropriated such sums as may be neces- 
sary but not to exceed $16,000,000 for the acquisition of lands or interests in 
lands and $500,000 for development. 

PINE BABRENS ABEA, NEW JERSEY 

Sec. 503. (a) For the purposes of this section — 

(1) The term "Pine Barrens" means the area within the State consisting 
of approximately nine hundred and seventy thousand acres, described by 
the "Land and Water Line" appearing at Plate D of the 1976 Bureau of 
Outdoor Recreation Report (Department of the Interior) entitled "New 
Jersey Pine Barrens: Concepts for Preservation," (referred to hereinafter 
in this section as the "1976 BOR Report"). 

(2) The term "State" means the State of New Jersey. 

(b) The Secretary shall prepare and, after appropriate public hearings (at 
least one of which shall be held within the Pine Barrens), submit to Congress 
within eighteen months after the date of enactment of this Act, a plan to con- 
serve the natural resource values of the Pine Barrens. Congress shall have the 
power to disapprove such plan within one hundred and eighty days of its sub- 
mission. If the Governor of the State notifies the Secretary in writing that the 
State wishes to participate in the preparation of the plan, the Secretary and 
such oflBcers or citizens of the State as the Governor may designate shall jointly 
prepare the plan. If the State does not so participate, the Secretary shall con- 
sult with the Governor during the preparation of the plan. 

(c) The plan shall — 

(1) Provide for a resource assessment which determines the overall 
carrying capacity of the Pine Barrens. Such resource assessment shall in- 
clude but not be limited to — 

(A) water supply and water quality ; 

(B) natural hazards, including fire ; 

(C) endangered, unique, and unusual plants, animals, fish and biotic 
communities ; 

(D) ecological factors relating to the production and enhancement of 
blueberry and cranberry production and other agricultural activity ; 

(E) air quality ; 

(F) scenic, esthetic, and open space resources of the Pine Barrens 
together with a determination of the overall policies required to main- 
tain and enhance these resources ; 

(G) the outdoor recreation resources and potentials together with a 
determination of policies required to utilize, protect, and enhance these 
resources and potentials ; and 

(H) existing land use patterns throughout the Pine Barrens, as well 
as alternative beneficial uses of the Pine Barrens. 



297 



24 

(2) Propose boundaries for the following areas, which shall be based upon 
the assessments referred to in subperaKraphs (A) through (H) of para- 
graph (1) of— 

(A) the overall Pine Barrens region, with due consideration given the 
"Land and Water Line" of the 1976 BOR Report, which should be com- 
prehensively managed so as to conserve, protect, or enhance the 
ecological, wildlife, historical, agricultural, sceuic. recreational, cultural, 
and educational resources of the Pine Barrens, and 

(B) those subareas within such region which are of critical ecological 
Importance and with respect to which inunediate actions should be taken 
by the State or the Federal Government, or both, in order to protect 
such subareas from uses which are incompatible with the conservation, 
protection, and enhancement of the natural resources of such subareas. 

(3) Recommend State and Federal actions which should be implemented 
to conserve, protect, and enhance the natural resource values of the Pine 
Barrens. 

(d) There are authorized to be appropriated not to exceed $1,000,000 to the 
Secretary for the purpose of carrying out the planning activities required under 
subsection (c). From amounts so appropriated, the Secretary shall reimburse 
the State for reasonable costs incurred by the State in participating in the joint 
preparation of the plan. 

(e) Pursuant to the intent of this section, the Secretary shall acquire certain 
lands within the Pine Barrens which are manifestly of critical ecological impor- 
tance. Such lands shall include, but not be limited to. the area known as "the 
Plains" and described on pages 2 and 21 of the 1976 BOR Report, and may be 
acquired prior to the completion of the plan. Any lands so acquired shall be man- 
aged by the Secretary in a manner appropriate to conserve, protect, and enhance 
the natural resource values of the land until such time as he believes it in the 
best interests of proper ecological management to transfer such land to a qualified 
State or multijurisdictional Pine Barrens management agency having the author- 
ity and capability to plan for and manage land comprehensively in the Pine Bar- 
rens region. If the Secretary wishes to make such a transfer of any land acquired 
under this section, he shall make such transfer conditional upon appropriate 
ecological management practices, enforceable by a right of reverter to the United 
States. 

(f) For the purposes of acquiring land described in subsection (e), there are 
authorized to be appropriated not to exceed $25,000,000. 

EDOAS ALLAN POE NATIOX.VL niSTORIC SITE 

Sec. 504. (a) In recognition of the literary importance attained by Edgar Al- 
lan Poe, there is hereby authorized to be astablished the Edgar Allan Poe Na- 
tional Historic Site. 

(b) The Secretary is authorized to acquire by donation, purchase or exchange 
the lands and buildings within the area de-^cribed in .subsection (c). The lands 
and buildings acquired by the Secretary under this section shall comprise the 
Edgar Allan Poe National Historic Site and shall be administered by the Secre- 
tary through the National Park Service. The Secretary shall administer, main- 
tain, protect, and develop the site subject to the provisions of law generally 
applicable to national historic sites. 

(c) The lands and buildings specified in subsection (b) comprise that area of 
Philadelphia, Pennsylvania, known as the Poe House complex and includes the 
house at the rear of 530 North Seventh Street, the adjoining three-story brick 
residence on the front of the land backing up fo and including the building at 
532 North Seventh Street, and the North Garden of approximately .«even thou- 
sand and eighty square feet and the South Garden of approximately nine thou- 
sand three hundred and fifty square feet. 

(d) As soon as the Secretary finds that a sub:;iantial portion of the acquisition 
authorized under subsection (b) has been completed, he shall establish the Edgar 
Allan Poe National Historic Site by publication of notice thereof in the Federal 
Register. 

(e) There are hereby authorized to t>e appropriated such sums as are neces- 
sary to carry out the provisions of this section. 

SAN ANTONIO KISSIONS NATIONAL HISTORICAL PARK 

Sec. 505. (a) In order to provide for the preservation, restoration, and inter- 
pretation of the Spanish Missions of San Antonio, Texas, for the benefit and en- 



298 



25 

joyment of present and future generations of Americans, there is hereby estab- 
lished the San Antonio Missions National Historical Park (hereafter in this 
section referred to as the "park") consisting of Concepcion, San Jose, San Juan, 
and Espada Missions, together with areas and features historically associated 
therewith, as generally depicted on the drawing entitled "Boundary Map, San 
Antonio Missions National Historical Park", numbered 930-80,022-C and dated 
May 1978, which shall be on file and available for public inspection in the offices 
of the National Park Service, Department of the Interior, and in the offices of the 
Superintendent of the Park. After advising the Committee on Energy and Natural 
Resources of the United States Senate and the Committee on Interior and In- 
sular Affairs of the United States House of Representatives, in writing, the 
Secretary may make minor revisions of the boundaries of the park when neces- 
sary by publication of a revised drawing or other boundary description in the 
Federal Register. 

(b) For the purposes of this section, the Secretary is autliorized — 

(1) to acquire by donation, purchase with donated or appropriated funds, 
or exchange, lands and interests therein constituting the following generally 
described areas in the historic missions district of the city of San Antonio, 
Texas — 

(A) Mission San Jose y San Miguel de Aguayo ; 

(B) Mission Nuestra Senora de la Purisima Concepcion de Acuna; 

(C) Mission San Francisco de la Espada ; 

(R) Espada Acequia, the section of approximately five miles along 
the west side of and parallel to the San Antonio River ; 

(E) Espada Dam and Aqueduct ; 

(F) Mission San Juan Capistrano ; 

(G) San Juan Acfiquia, on the east side of the San Antonio River ; and 
(H) such lands and interests therein which the Secretary determines 

are necessary or desirable to provide for public access to, and interpreta- 
tion and protection of, the foregoing ; and 

(2) to enter cooperative agreements with the owers of any historic prop- 
erties, including properties referred to in paragraph (1), in furtherance of 
the purposes of this section. 

Each agreement under paragraph (2) shall provide among other things that the 
owner will hold and preserve the historic property in perpetuity and will not 
undertake or permit the alteration or removal of historic features or the erection 
of markers, structures, or buildings without the prior concurrence of the Sec- 
retary, and that the public shall have reasonable access to those portions of the 
property to which access is necessary in the judgment of the Secretary for the 
proper appreciation and interpretation of its historical and architectural value. 
Pursuant to such cooperative agreements and notwithstanding any other provi- 
sion of law to the contrary the Secretary may, directly or by contract, construct, 
reconstruct, rehabilitate, or develop such buildings, structures, and related facili- 
ties including roads, trails, and other interpretive facilities on real property not 
in Federal ownership and may maintain and operate programs in connection 
therewith as he deems appropriate. Any lands or interest therein owned by the 
Catholic Archdiocese of San Antonio, the State of Texas, or any political subdivi- 
sion of such State, including the San Antonio River Authority, may be acquired 
by donation only. 

(c) (1) With the exception of any property deemed necessary by the Secretary 
for visitor facilities or administration of the park, any owner or owners of im- 
proved property on the date of its acquisition l)y tlu- Secretary may, as a condi- 
tion of such acquisition, retain for themselves and their successors or assigns a 
right of use and occupancy of the property for noncommercial residential pur- 
poses, for twenty-five years, or, in lieu thereof, for a term ending at the death 
of tlie owner or his spou.se, whichever is later. The owner shall elect the term to be 
reserved. The Secretary shall pay to the owner the fair market value of the prop- 
erty on the date of such acquisition less the fair market value on such date of the 
right retained by the owner. 

(2) A right of use and occupancy retained or enjoyed pursuant to this sub.sec- 
lion may be terminated with respect to the entire proiK^rty by the Secretary upon 
his determination that the property or my portion thereof had ceased to be used 
for noncommercial residential purposes and upon tender to the holder of a right 
an amount equal to the fair market value, as of the date of tender, of that por- 
tion of the right which remains unexpired on the date of termination. 

f."?) The term "improved property", as used in this snbse<'tion. shall mean a 
detached, noncommercial residential dwelling, the constniction of wliich was 



299 



26 

begun before January 1, 1978 (hereinafter referred to as a "dwelling"), together 
with so much of the land on which the dwelling is situated, the said land being in 
the same ownershij) as the dwelling, as the Secretary shall designate to be rea- 
sonably necessary for the enjoyment of the dwelling for the sole pun^ose of non- 
commercial residential use, together with any structures accessory to the dwell- 
ing which are situated ou the land so designated. 

(d) The Secretary is authorized and directed to take prompt and appropriate 
action in accordance with the provisions of this section and any cooperative agree- 
ment hereunder to assure the protection and preservation of the historical and 
architectural values of the missions and the areas and features historically asso- 
ciated therewith within the boundaries of the park. The park shall be adminis- 
tered by the Secretary in accordance with this section and provisions of law gen- 
erally applicable to units of the National Park System, including the Act of 
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August 21, 
1935 (49 Stat. 666 ; 16 U.S.C. 461^67 ) . 

(e) (1) There is hereby authorized to be established by the Secretary, a San 
Antonio Missions Ad\'isorj' Commission. The Commission shall be composed of 
seven members, and appointed for a term of two years by the Secretary as 
follows : 

(A) one member to be appointed from recommendations made by the Gov- 
ernor of the State of Texas ; 

(B) one member to be appointed from recommendations made by the 
County Commissioners of Bexar County, Texas ; 

(C) one member to be appointed from recommendations made by the City 
Council of the City of San Antonio, Texas ; 

(D) one member to be appointed to represent nonFederal property owners 
whose property is operated and maintained in accordance with cooperative 
agreements with the Secretary pursuant to subsection (b) (2) ; 

(E) one member from the membership of a local conservation or historical 
organization ; and 

(F) two members representing the general public. 

The Secretary Shall designate one member to be Chairman of the Commission 
and may fill any vacancy in the same manner in which the original appointment 
was made. 

(2) Members of the Commission shall serve without compensation as such, 
but the Secretary may pay expenses reasonably incurred by the Commission 
and may reimburse members for reasonable expenses incurred in carrying out 
their responsibilities under this section on vouchers signed by the Chairman. 

(3) All appointments to the Commission shall be made by the Secretary 
within six months after the date of the enactment of this Act and the Secre- 
tary, or his designee, shall from time to time, but at least semiannually, meet 
and consult with the Advisory Commission on matters relating to the park 
and with respect to carrying out the provisions of this section. 

(4) Unless extended by Act of Congress, this (Commission shall terminate 
ten years after the date of its first meeting with the Secretary or his designee. 

(f)(1) There are hereby authorized to be appropriated such sums as may 
be necessary to carry out the purposes of this section, but not more than 
$10,000,000 for the acquisition of lands and interests in lands. 

(2) For the development of essential public facilities there are authorized to 
be appropriated not more than $500,000. Within one year from the date of en- 
actment of this Act, the Secretary shall develop and transmit to the Com- 
mittee on Interior and Insular Affairs of the United States Hou.se of Representa- 
tives and the Committee on Energy and Natural Resources of the United States 
Senate a final master plan for the development of the park consistent with the 
objectives of this section, indicating (A) the facilities needed to accommodate 
the health, safety, and interpretive needs of the visiting public ; (B) the location 
and estimated cost of all facilities; and (C) the projected need for any addi- 
tional facilities within the park. 

SAINT PAUL'S CHUaCH, EASTCHESTEK 

Sec. 506. (a) In order to preserve and protect Saint Paul's Church. East- 
chester, in Mount Vernon, New York, for the benefit of present and future 
generations, the Secretary may accept any gift or bequest of any property or 
structure which comprises such church and any other real or personal property 



38-854 O - 79 - 20 



300 



27 

located within the square bounded by South Columbus Avenue, South Third 
Avenue, Edison Avenue, and South Fulton Avenue, in Mount Vernon, New York, 
including the cemetery located within such square and any real property 
located within such square which was at any time a part of the old village 
green, now in Mount Vernon, New York. 

(b) Any property acquired under subsection (a) shall be administered by 
the Secretary acting through the National Park Service, in accordance with this 
section and provisions of law generally applicable to units of the National Park 
System, including the Act approved August 25, 1916 (16 U.S.C. 1 and following) 
and the Act approved August 21, 1935. The Secretary, in carrying out the provi- 
sions of such Acts, shall give particular attention to assuring the completion 
of such structural and other repairs as such Secretary considers necessary to 
restore and preserve any property acquired in accordance with this section. 

KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK 

Sec. 507. (a) There is established the Kaloko-Honokohau National Historical 
Park in Hawaii (hereinafter in this section referred to as the "park") com- 
prising approximately one thousand three hundred acres of land and water as 
generally depicted on the map entitled "Kaloko-Honokohau National Historical 
Park", numbered KHN-80,000, and dated May 1978 which shall be on file and 
available for public inspection in the appropriate offices of the National Park 
Service, Department of the Interior. 

(b) The Secretary is authorized to acquire the lands described above by 
donation, exchange or purchase through the use of donated or appropriated 
funds, notwithstanding any prior restriction imposed by Congress on the use 
of appropriated funds for this purpose. 

(c) The Secretary shall administer the park in accordance with this section 
and the provisions of law generally applicable to units of the National Park 
System, including the Act approved August 21, 1935 (49 Stat. 666; 16 U.S.C. 
461 et seq. ) . The purposes of this park are to provide a center for the reorienta- 
tion to and perpetuation of Hawaiian activities, culture, and historic land use 
patterns, as well as to provide a resource and culture-based focus for the edu- 
cation, enjoymept and appreciation by local residents and visitors. Development 
and management of the park shall generally follow the guidelines provided in 
the study report entitled "Kaloko-Honokohau" prepared by the Honokohau Study 
Advisory Commission and the National Park Service, May 1974, GPO 690-514. 

(d) In administering the park — 

(1) the Secretary may provide select areas within the park with native 
Hawaiian live-in accommodations for Hawaiians who wish to participate 
actively in indepth cultural pursuits ; 

(2) the Secretary shall consult with and may enter into agreements with 
other governmental entities and private landowners to establish adequate 
controls on air and water quality scenic and esthetic values of the surround- 
ing land and water areas ; and 

(3) the preservation and interpretation of this historical park should be 
managed, to the greatest extent possible, by native Hawaiians. 

(e) In order to carry out the purposes of this section with re.spert to the 
preservation and expression of native Hawaiian culture, the Secretary is author- 
ized and directed to the maximum extent feasible to employ and train native 
Hawaiians to develop, maintain, and administer the park. 

(f) (1) The Secretary may establish the Kaloko-Honokohau, an Advisory Com- 
mission for the Kaloko-Honokohau National Historical Park. The Commission 
shall be composed of nine members, appointed by the Secretary, as follows : 

(A) all members shall be residents of the State of Hawaii ; 

(B) at least six members shall be appointed from lists provided by native 
Hawaiian organizations submitted through the office of the Governor ; and 

(C) initial appointment shall consist of two members appointed for a 
term of five years, two for a term of four years, two for a term of three 
years, two for a term of two years, and one for a term of one year; mem- 
bers shall not serve more than one term consecutively. 

(2) The Secretary shall designate one member of the Commission to be Chair- 
man. Any vacancy in the Commission shall be filled in the same manner as 
provided in paragraph (1). 

(3) Members of the Commission shall serve without compensation. The Sec- 
retary is authorized to pay the expenses reasonably incurred by the Commission 



301 



28 

In carrying out Its responsibilities under this sec-tion on voucliers signed by the 
Chairman. 

(4) In addition to the Commission members specified in paragraph (1), the 
Superintendent of the i>ark, the National I'ark Service Dirwtor. Hawaii, a 
person appointed by the Governor of ilawaii, and a person appointed by the 
mayor ot the county of Ilawaii, shall serve as ex officio, nonvoting members of 
the Commission. 

(5) The purpose of the Commission shall be to advise the Director, Na- 
tional Park Service, with respect to the historical, archeological, cultural, and 
interpretive programs of the i*irk and its staffing and oi)eration. Particular 
emphasis shall be made on the operation of the area by qualified Hawaiians and 
the quality of Hawaiian culture demonstrated and taught therein. 

(6) The Commission shall meet not less than twice a year. Interim meetings 
may be called by the Cbairman with the concurrence of the Director of the 
National Park Service. 

(7) The Advisory Commission shall terminate ten years after the date of the 
enactment of this Act. 

(g) There are authorized to be appropriated $34,750,000 for acquisition with 
respect to such park and $1,000,000 for development of such park. 

AMERICAN MEMORIAL PARK 

Sec 508. (a) The Secretary, acting through the Director of the National Park 
Senice, is authorized and directed to develop, maintain, and administer the 
existing American Memorial Park (hereinafter in this section referred to as 
the "park"), located at Tanapag Harbor Reservation, Saipan. The park shall 
be administered for the primary purpose of honoring the dead in the World War 
II Mariana Islands campaign. 

(b) The Secretary is authorized and directed to the maximum extent feasible 
to employ and train residents of the Mariana Islands to develop, maintain, and 
administer the park. 

(c) The Secretary shall provide for interpretative activities at the park, for 
which he is authorized to seek the assistance of historians to interpret the his- 
torical aspects of the park. To the greatest extent possible, interpretative activi- 
ties shall be conducted in the following four languages : English, Chamorro, 
Carolinian, and Japanese. 

(d)(1) Notwithstanding any provision of law to the contrary, no fee or 
charge shall be imposed on any permanent resident of Guam or the Northern 
Mariana Islands for entrance or admission into the American Memorial Park. 

(2) Notwithstanding any provision of law to the contrary, no fee or charge 
shall be imposed on any T'nited States military personnel or dependents of such 
personnel for entrance or admission into the American Memorial Park. 

(e) The Secretary shall transfer administration of the park to the govern- 
ment of the Northern Mariana Islands at such time as the Governor, acting pur- 
suant to legislation enacted in accordance with sections 5 and 7 of article II of 
the constitution of the Northern Mariana Islands, requests such a transfer. All 
improvements, including real and personal property, shall thereupon be trans- 
ferred without cost to the government of the Northern Mariana Islands and 
thereafter the full cost of development, administration, and maintenance for 
the park shall be borne by the government of the Northern Mariana Islands 
except as provided in subsection (F). 

(f) For the development, maintenance, and operation. of the park (but not 
for any acquisition of land or interests in lands), there is hereby authorized to 
be appropriated the sum of $3,000,000 effective October 1. 1978. Amounts ap- 
pronri.nted pursuant to this subsection shall remain available until expended. 

(g) Nothing contained in this section 's intended to alter or diminish the 
authority to exercise the five-vear option contained in article VIII of Public Law 
94-241. 

PALO ALTO BATTLEFIELO JfATIO.VAL HISTORIC SITE 

Sec. 509. (a) In order to preserve and commemorate for the benefit and enjoy- 
ment of present and future generations an area of unique historical significance 
as one of onl.v two important battles of the Mexico War fought on American 
soil, the Secretary is authorized to establish the Palo Alto Battlefield Nationul 
Historic Site in the State of Texas. 



302 



29 

(b) For the purposes of this section, the Secretary is authorized to acquire by 
donation, purchase, or exchange, not to exceed fifty acres of lands and interests 
therein, comprising the initial unit, in the \acinity of the site of the battle of 
Palo Alto, at the junction of Farm Roads 1847 and 511, 6.3. miles north of 
the Congress such additions as are required to fully protect the historic integrity 
of the battlefield by June 30, 1979. The Secretary shall establish the historic site 
by publication of a notice to that effect in the Federal Register at such time as 
he determines that su£Scient property to constitute an administrable unit has 
been acquired. 

Pending such establishment and thereafter, the Secretary shall administer 
the property acquired pursuant to this section in accordance with this section 
and provisions of law generally applicable to units of the National Park System, 
including the Act of August 25, 1916 (39 Stat. 535) and the Act of August 21, 
1935 (49 Stat. 666). 

(c) There are authorized to be appropriated not to exceed $3,000,000 for lands 
and interests in lands and $200,000 for development to carry out the provisions of 
this section. 

SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA 

Sec. 510. (a) The Congress finds that— 

(1) there are significant scenic, recreational, educational, scientific, nat- 
ural, archeological, and public health benefits provided by the Santa Monica 
Mountains and adjacent coastline area ; 

(2) there is a national interest in protecting and preserving these bene- 
fits for the residents of and visitors to the area ; and 

(3) the State of California and its local units of government have author- 
ity to prevent or minimize adverse uses of the Santa Monica Mountains and 
adjacent coastline area and can, to a great extent, protect the health, safety, 
and general welfare by the use of such authority. 

(b) There is hereby established the Santa Monica Mountains National Recre- 
ation Area (hereinafter referred to as the "recreation area"). The Secretary 
shall manage the recreation area in a manner which will preserve and enhance 
its scenic, natural, and historical setting and its public health value as an air- 
shed for the Southern California metropolitan area while providing for the 
recreational and educational need of the visiting public. 

(c) (1) The recreation area shall consist of the lands and waters and interests 
generally depicted as the recreation area on the map entitled "Boundary Map, 
Santa Monica Mountains National Recreation Area, California, and Santa Monica 
Mountains Zone", numbered SMM-NRA 80,000. and dated May 1978. which shall 
be on file and available for inspection in the offices of the National Park Service, 
Department of the Interior, Washington, District of Columbia, and in the offices 
of the General Services Administration in the Federal Office Building in West 
Los Angeles, California, and in the main public library in Ventura, California. 
After advising the Committee on Interior and Insular Affairs of the United States 
House of Representatives and the Committee on Energy and Natural Resources 
of the United States Senate, in writing, the Secretary may make minor revisions 
of the boundaries of the recreation area when necessary by pul)lication of a 
revised drawing or other boundary description in the Federal Register. 

(2) Not later than ninety days after the date of enactment of this Act, the Sec- 
retary, after consultation with the Governor of the State of California, the Cali- 
fornia Coastal Commission, and the Santa Monica Mountains Comprehensive 
Planning Commission, shall commence acquisition of lands, improvements, wa- 
ters, or interests therein within the recreation area. Such acquisition may be by 
donation, purchase with donated or appropriated funds, transfer from any 
Federal agency, exchange, or otherwise. Any lands or interests therein owned by 
tlie State of California or any jwlitical subdivision thereof (including any park 
district or other public entity) may be acquired only by donation, or exchange 
excei>t that such lands acquired after January 1, 1978 by the State of California 
or its political subdivisions may l)e acquired by purchas(> or exchange if the Sec- 
retary certifies that the purchase price or value on exchange does not exceed fair 
market value on tlie date that the State acquired the land or interest. Notwith- 
standing any other provision of law, and Federal projjerty looate<l witliln tlio 
boundaries of the recreation area .shall, with the concurrence of the head of the 
agency having custody thereof, l)e transferred without cost, to the administrative 
jurisdiction of the Secretary for the purposes of the recreation area. 



303 



30 

(3) The Administrator of the General Senices Administration is hereby au- 
thorized and directed to transfer the site Renerally known as Nilte Site 78 to the 
Secretary for inclusion in the recreation area : Provided, That the county of Los 
Angeles shall lie i>erniitted to continue to use without charge the facilities to- 
gether with sufficient land iis in the determinatioji of the Secretary shall be neces- 
sary to continue to maintain and operate a fire suppression and training facility. 
At such time as the county of Los Angeles, California, relinquishes control of 
such facilities ani' adjacent land or ceases the oi)eration of the tire suppression 
and training facility, the Innd and facilities shall be managed by the Secretary 
as a part of the recreation area. 

(dM 1 ) Within six months after the date of enactment of this Act, in connec- 
tion with the description of the boundaries of the recreation area, the Secretary 
shall identify the lands, waters, and interests within such boundaries which 
must be accpiired and held in public ownership for the following critical pur- 
poses; preservation of beaches and coastal uplands; protection of undeveloped 
inland stream drainage basins; connection of existing State and local govern- 
ment parks and other publicly owned lands to enhance their potential for public 
recreation use; protection of existing park roads and scenic corridors, including 
such right-of-way as is necessary for the protection of the MulhoUand Scenic 
Parkway Corridor ; protection of the public beach and welfare ; and development 
and interpretation of historic sites and recreation areas in connection therewith, 
to include, but not be limited to, parks, picnic areas, scenic overlooks, hiking 
trails, and equestrian trails. The Secretary may from time to time revi.se the 
identification of such areas, and any such revisions shall become effective in the 
same manner as herein provided for revisions in the boundaries of the recrea- 
tion area. 

(2) By .January 1, 1980, the Secretary shall submit, in writing, to the com- 
mittees referred to in subsection (c) and to the Committees on Appropriations 
of the United States Congress a detailed plan which shall indicate — 

(A) the lands and areas identified in paragraph (1), 

(B) the lands which he has previously acquired by purchase, donation, 
exchange, or transfer for the purpose of this recreation area, 

(C) the annual acquisition program (including the level of funding) 
recommended for the ensuing five fiscal years, and 

(D) the final l>oundary map for the recreation area. 

(e) With respect to improved properties, as defined in this section, fee title 
shall not be acquired unless the Secretary finds that such lands are being used, or 
are threatened with uses, which are detrimental to the purposes of the rtv-ron- 
tion area, or imless each acquisition is necessary to fulfill the purposes of this 
section. The Secretary may acquire scenic easements to such improved property 
or such other interests as, in his judgment are necessary for the purposes of the 
recreation area. 

(f) For the purposes of this section, the term "improved property" means — 

(1) a detached single-family dwelling, the construction of which was 
begun before January 1, 107.5 (hereafter referred to as "dwelling"), to- 
gether with so much of the land on which the dwelling is situated as is in 
the same ownership as the dwelling and as the Secretary designates to be 
reasonably necessary for the enjoyment of the dwelling for the sole purpose 
of noncommercial residential use, together with any structures necessary 
to the dwelling which are situated on the land so designated, and 

(2) property developed for agricultural uses, together with any structures 
accessory thereto as were used for agricultural purposes on or before Jan- 
uary 1, 1978. 

In determining when and to what extent a property is to be treated as "improved 
property" for purposes of this section, the Secretary shall take into considera- 
tion the manner of use of such buildings and lands prior to January 1, 1978, and 
shall designate such lands as are reasonably necessary for the continued enjoy- 
ment of the property in the same manner and to the same extent as existed prior 
to such date. 

(g) The owner of an improved property, as defined in this section, on the 
date of its acquisition, as a condition of such acquisition, may retain for herself 
or himself, her or his heirs and assigns, a ri^ht of u.se and occupancy of the 
improved property for noncommercial residential or agriculture purposes, as 
the case may be. for a definite term of not more than twenty-five years, or in 
lieu thereof, for a tenn ending at the death of the owner or the death of her or 
his spouse, whichever is later. The owner shall elect the term to be reserved. 



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Unless the property is wholly or partially donated, the Secretary shall pay to 
the owner the fair market value of the property on the date of its acquisition, 
less the fair market value on that date of rhe right retained by the owner. A 
right retained by the owner pursuant to this section shall be subject to termi- 
nation by the Secretary upon his determination that it is being exercised in a 
manner inconsistent with the purposes of this section, and it shall terminate 
by operation of law upon notification by the Secretary to the holder of the right 
of such determination and tendering to him the amount equal to the fair market 
value of that portion which remains unexpired. 

(h) In exercising the authority to acquire property under this section, the 
Secretary shall give prompt and careful consideration to any offer made by an 
individual owning property within the recreation area to sell such property, if 
such individual notifles the Secretary that the continued ownership of such 
property is causing, or would result in, undue hardship. 

(i) The Secretary shall administer the recreation area in accordance with 
this Act and provisions of law generally applicable to units of the National Park 
System, including the Act of August 25, 19x6 (39 Stat. 53.5; 16 U.S.C. 1 et seq.). 
In the administration of the recreation area, the Secretary may utilize such 
statutory authority available for the conservation and management of wildlife 
and natural resources as appropriate to carry out the purpose of this section. 
The fragile resource areas of the recreation area shall be administered on a low- 
intensity basis, as determined by the Secretary. 

(j) The Secretary may enter into cooperative agreements with the State of 
California, or any political subdivision thereof, for the rendering, on a reim- 
bursable basis, of rescue, firefighting, and law anforcement services and coopera- 
tive assistance by nearby law enforcement and fire preventive agencies. 

(k) Notwithstanding any other provision of law, the Secretary is authorized 
to accept donations of funds, property, or services from individuals, foundations, 
corporations, or public entities for the purpose of land acquisition and providing 
services and facilities which the Secretary deems consistent with the purposes 
of this section. 

(1) By January 1, 1981, the Santa Monica Mountains National Recreation 
Area Advisory Commission, established by this section, shall submit a report to 
the Secretary which shall — 

(1) assess the capability and willingness of the State of California and 
the local units of government to manage and operate the recreation area, 

(2) recommend any changes in ownership, management, and operation 
which would better accomplish the purposes of this section, and 

(3) recommend any conditions, joint management agreements, or other 
land use mechanisms to be contingent on finy transfer of land. 

(m) The Secretary, after giving careful consideration to the recommendations ^ 

set forth by the Advisory Commission, shall, by January 1, 1982. submit a } 

report to the Committee referred to in subsection (c) which shall incorporate # 

the recommendations of the Advi.sory Commission as well as set forth the See- I 
retary's recommendations. Sueh report shall — 

(1) assess the benefits and costs of continued management as a unit of j 
the National Park System, I 

(2) assess the capability and willingness of the State of California and | 
the local units of government to manage and operate the recreation area, I 
and * 

(3) recommend any changes in ownership, management, and operation 
which would better accomplish the purposes of this section. 

(n) (1) The Secretary shall request the Santa Monica Mountains Compre- 
hensive Planning Commission to submit a comprehensive plan, prepared in 
accord with this section and title 7.75 of the California Government Code (com- 
mencing with section 67450), for the Santa Monica Mountains Zone generally 
depicted on the map referred to in subsection (c) of t^is section for approval. 

(2) The comprehensive plan shall include, in addition to the requirements of 
California State law — 

(A) an identifioation and designation of public and private uses which 
are compatible with and which would not significantly impair the significant 
.scenic, recreational, educational, scientific, natural, archeological. and public 
health benefits present in the zone and which would not have an adverse im- 
pact on the recreation area or on the air quality of the south coast air 
basin ; 



305 



32 

(B) a specific minimum land acquisition program which shall include, 
but not be limited to, fee and less than fee ac<iuisition of strategic and criti- 
cal sites not included in the recreation area for public recreational and 
other related uses; and a program for the complementary use of State 
and local authority to regulate the use of lands and waters within the 
Santa Monica Mountains Zone to the fullest extent practicable consistent 
with the purposes of this section ; and 

(C) a recreation transportation system which may include but need not 
be limited to existing public transit. 

(3) No plan submitted to the Secretary under this section shall be approved 
unless the Secretary finds the plan consistent with paragraph (2) and finds 
that— . , ^. 

(A) the planning commission has afforded adequate opportunity, including 
public hearings, for public involvement in the preparation and review of tbe 
plan, and public comments were received and considered in the plan or 
revision as presented to him ; 

(B) the State and local units of government identified in the plan as 
responsible for implementing its provisions have the necessary authority 
to implement the plan and such State and local units of government have 
indicated their intention to use such authority to implement the plan ; 

(C) the plan, if implemented, would preserve significant natural, his- 
torical, and archeological benefits and, consistent with such benefits, provide 
increased recreational opportunities for persons residing in the greater Los 
Angeles-southern California metropolitan area ; 

(D) implementation of the plan would not have a serious adverse impact 
on the air quality or public health of the greater Los Angeles region. 

Before making his findings on the air quality and public health impacts of the 
plan, the Secretary shall consult with the Administrator of the Environmental 
Protection Agency. 

(4) Following approval of the plan with respect to the Santa Monica Moun- 
tains Zone, upon receipt of adequate assurances that all aspects of that jurisdic- 
tion's implementation responsibilities will be adopted and put into effect, the 
Secretary shall — 

(A) provide grants to the State and through the State to local govern- 
mental bodies for acquisition of lands, waters, and interests therein iden- 
tified in paragraph (2) (B), and for development of essential public facili- 
ties, except that such grants shall be made only for the acquisition of lands, 
waters, and interests therein, and related essential public facilities, for park, 
recreation, and conservation purposes; and 

(B) provide, subject to agreements that in the opinion of the Secretary 
vrtll assure additional preservation of the lands and waters of the zone, such 
funds as may be necessary to retire bonded indebtedness for water and ."^ewer 
and other utilities already incurred by property owners which in the opinion 
of the Secretary would if left outstanding contribute to further development 
of the zone in a manner inconsistent with the approved plan developed by 
the planning commission. 

No grant for acquisition of land may be made under subparagraph (A) unless 
the Secretary receives satisfactory assurances that such lands acquired under 
subparagraph (A) shall not be converted to other than park, recreation, and 
conservation purposes without the approval of the Secretary and without provi- 
sion for suitable replacement land. 

(5) Grants under this section shall be made only upon application of the 
recipient State and shall be in addition to any other Federal financial assistance 
for any other program, and shall be subject to such terms and conditions as the 
Secretary deems necessary to carry out the purposes of this section. Any jurisdic- 
tion that implements changes to the approved plan which are inconsistent with 
the purposes of this section, or adopts or acquiesces in changes to laws, regula- 
tions or policies necessary to implement or protect the approved plan, without 
approval of the Secretary, may be liable for reimbursement of all funds previ- 
ously granted or available to it under the terms of this section without regard to 
such additional terms and conditions or other requirements of law that may be 
applicable to such grants. During the life of the planning commission, changes to 
the plan must be submitted by the planning commission to the Secretary for ap- 
proval. No such application for a grant may be made after the date five years 
from the date of the Secretary's approval of the plan. 



306 



33 

(o ) The head of any Federal agency having direct or indirect jurisdiction over 
a ])roposed Federal or federally assisted undertaking in the lands and waters 
within the t>anta Monica Jlountains Zone, generally depicted on the map referred 
to in subsections (c), and the head of any Federal agency having authority to 
license or permit any undertaking in such lands and waters shall, prior to the 
approval of the expenditure of any Federal funds on such undertaking or prior to 
the issuance of any license or permit, as the case may be, afford the Secretary a 
reasonable opportunity to comment with regard to such undertaking and shall 
give due consideration to any comments made by the Secretary and to the effect 
of such undertaking on the 'findings' and purposes of this section : Provided, That 
no such expenditure shall be approved nor shall any such license or permit be 
issued which, in the judgment of the Secretary, would be inconsistent with the 
purposes of this section or the comprehensive plan approved by the Secretary. 

(p) The Secretary shall give full consideration to the recommendations of the 
California Department of Parks and Recreation, the Santa Monica ^lountains 
Comprehen.sive Planning Commission, and the California Coastal Commission. 

(q) (1) Tliere is hereby established the Santa Monica Mountains National Rec- 
reation Area Advisory Commission (hereinafter referred to as the "Advisory 
Commission") . The Advisory Commission shall terminate ten years after the date 
of establishment of the recreation area. 

(2) The Advisory Commission shall be composed of the following members to 
serve for terms of fi^ e years as follows : 

(A) one member appointed by the Governor of the State of California; 

(B) one member appointed by the mayor of the city of Los Angeles; 

(C) one member aijpointed by the Board of Supervisors of Los Angeles 
County ; 

(D) one member appointed by the Board of Supervisors of Ventura 
County ; and 

(E) five members appointed by the Secretar.v, one of whom shall serve as 
the Commission Chairper.sou. 

(3) The advisory Commission shall meet on a regular basis. Notice of meetings 
and agenda shall be published in local newspapers which have a distribution 
which generally covers the area. Commission meetings shall be held at locations 
and in such a manner as to insure adequate public involvement. Such locations 
shall be in the region of the Santa Mouica Mountains and no more than twenty- 
five miles from it. 

(4) Members of the Commission shall serve without compensation as such, but 
the Secretary ma.v pay expenses reasonably incurred in carrying out their re- 
.sponsibilities under this Act on vouchers signed by the Chairperson. 

(5) The Secretary, or his or her designee, shall from time to time but at least 
semiannually, meet and consult with the Advisory Commission on matters relat- 
ing to the development of this recreation area and with respect to carrying out 
the provisions of this .section. 

(r) There are authorized to be appropriated such sums as may be necessary 
for acquisition of lands and interests in land within the boundaries of the recrea- 
tion area established under this section, but not more than .$50,000,000 for each 
of the fiscal years 1970, lOSO. and 1981, such sums to remain available until ex- 
pended. For grants to the State pursuant to .subsection (n) there are authorized 
to be appropriated not more than .$10,000 000 for each of the fiscal years 1979, 
1980, and 1981 such sums to remain available until expended. 

(s) For the development of essential public facilities in the recreation area 
there are authorized to be appropriated not more than .$500,000. 

(t) Within two years from the date of e.stablishment of the recreation area 
pursuant to this section, the Secretary shall, after consulting with the Advisory 
Commission, develop and transmit to the Committees referred to in subsection 
(c) a general management plan for the recreation area consistent with the 
objectives of this .section. Such plan shall indicate — 

(1) a plan for visitor use including the facilities needed to accommodate 
the health, safety, education and recreation needs of the public ; 

(2) the location and estimated costs of all facilities; 

(3) the projected need for any additional facilities within the area; 

(4) any additions or alterations to the boundaries of the recreation area 
which are necessary or de.sirable to the better carrying out of the purposes 
of this section ; and 



307 



34 

(5) a plan for preservation of scenic, archeological and natural values and 
of fragile ecological areas. 

EBEY'S LANDING NATIONAL HISTORICAL PARK 

Sec. 511. (a) The Secretary is authorized to acquire on l)ehalf of the United 
States by donation, purchase with donated or appropriated funds, or by ex- 
change, lands, easements, interests in lands, and such other property on Central 
Whidbey Island, Puget Sound, State of Washington, as the Secretary may deem 
neces.sary for tlie purpose of interpreting and preserving the Central Whidbey 
Island Historic District, containing approximately eight thousand acres surround- 
ing Penn Cove and including prairies that remain in much the same condition 
as when they were first explored by Captain George Vancouver in 1792, original 
Donation Laud Claims preempted by early settlers according to the provisions 
of the Donation Land Law passed by the United States Congress in the 1850's, 
fifteen places listed in the Historic American Buildings Survey, original frame 
houses built by the early settlers that still stand on the original Donation Lands 
Claims, and numerous structures portraying a cross section of early domestic 
architecture. Lands or interests therein owned by the State of Washington or a 
political subdivision thereof may be acquired only by donation. The Secretary 
may not acquire fee title to any land under this section without the consent of 
the owner thereof. In exercising his authority to acquire property under this 
subsection, the Secretary shall give prompt and careful consideration to any offer 
made by an individual owning property within the area subject to such authority 
to sell such property, if such individual notifies the Secretary that the continued 
ownership of such property is causing, or would result in, undue hardship. 

(b) The property acquired under the provisions of subsection (a) shall be 
known as the Ebeys Landing National Historical Park and shall be established 
to preserve a rural community which provides an unbroken historical record 
from the nineteenth century exploration and settlement in Puget Sound to the 
present time. The park shall commemorate — 

(1) the first exploration of the Puget Sound area, by Captain George 
Vancouver, in 1792 ; 

(2) settlement by Colonel Isaac Neflf Ebey who led the first permanent 
settlers to Whidbey Island, quickly became an important figure in Wash- 
ington Territory, and ultimately was killed by Haidabs from the Queen Char- 
lotte Islands during a period of Indian unrest in 1857 ; 

(3) early active settlement during the years of the Donation Land Law 
(1850-18;").')) and thereafter; and 

(4) the growth since 1883 of the historic town of Coupleville. 

The Secretary shall administer, protect, and develop such park in accordance 
with the provisions of law generally applicable to units of the National Park 
System, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), 
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). 

(c) The Secretary may enter into cooperative agreements with the State of 
Washington, political subdivisions thereof, corporations, associations, or indi- 
viduals, for the preservation of nationally significant historic sites and struc- 
tures and for the interpretation of significant events which occurred on Central 
Whidbey Island, in Puget Sound, and he may erect and maintain tablets or 
markers at appropriate sites in accordance with the provisions of the Act of 
August 21, 1935 (49 Stat. 666: 16 U.S.C. 461 et seq.). 

(d) There is hereby authorized to be appropriated $4, .500,000 for the acqui- 
sition of lands and interests therein and $500,000 for development of the park. 

Subtitle B — Trails 

MORMON PIONEER NATIONAL HISTORIC TRAIL 

Sec. 551. Section 5(a) of the National Trails System Act (82 Stat. 919: 16 
U.S.C. 1241) is amended by inserting the following new paragraph after para- 
graph (3) : 

"(4) The Mormon Pioneer National Historic Trail, a route of approximately 
one thousand three hundred miles extending from Nauvoo, Illinois, to Salt Lake 
City, T'tah, following the primary historical route of the Mormon TraM is 
generally depicted on a map, identified as, "Mormon Trail Vicinity Map, figure 



308 



35 

2' in the Department of the Interior Mormon Trail study report dated March 
1977, and which shall be on file and available for public inspection in the oflBce 
of the Director, National Park Service, Washington, D.C. The Trail shall be 
administered by the Secretary of the Interior.". 

OVERMOUNTAIN MEN VICTORY TRAIL 

Sec. 552. Section 5(c) of the National Trails System Act (82 Stat. 919; 16 
U.S.C 1241) is amended by adding at the end thereof the following new 
paragraph : 

"(23) Overmountain Men Victory Trail extending from the vicinity of Eliza- 
bethton. Tennessee, to Kings Mountain National Military Parlj, South Carolina.". 

CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL 

Sec. 553. Section 5(a) of the National Trails System Act (82 Stat. 919; 16 
U.S.C. 1241) is amended by adding the following new paragraph at the end 
thereof : 

"(5) The Continental Divide National Scenic Trail, a trail of approximately 
thirty-one hundred miles, extending from the Montana-Canada border to the 
New Mexico-Mexico border, following the approximate route depicted on the 
map, identified as 'Proposed Continental Divide National Scenic Trail' in the 
Department of the Interior Continental Divide Trail study report dated March 
1977 and which shall be on file and available for public inspection in the office 
of the Director, National Park Service, Washington, D.C. The Continental Divide 
National Scenic Trails shall be administered by the Secretary of Agriculture in 
consultation with the Secretary of the Interior. Notwithstanding the provisions 
of section 7(c), the use of motorized vehicles on roads which will be designated 
segments of the Continental Divide National Scenic Trail shall be permitted in 
accordance with regulations prescribed by the appropriate Secretary.". 

NORTH COUNTRY NATIONAL SCENIC TRAIL 

Sec. 554. Section 5(a) of the National Trails System Act (82 Stat. 919; 16 
U.S.C. 1241) is amended by adding the following new paragraph at the end 
thereof : 

"(6) The North Country National Scenic Trail, a trail of approximately thirty- 
two hundred miles, extending from eastern New York State to the vicinity of 
Lake Sakakawea in North Dakota, following the approximate route depicted on 
the map identified as 'Proposed North Country Trail Vicinity Map' in the De- 
partment of the Interior 'North Country Trail Report', dated June 1975. The 
map shall be on file and available for public inspection in the office of the Direc- 
tor, National Park Service, Washington, D.C. The trail shall be administered 
by the Secretary of the Interior.". 

AUTHORIZATION OF APPROPRIATIONS 

Seo. 555. For acquisition of lands and interests in land with respect to the 
trails included within the national trails system under this subtitle there is 
authorized to be appropriated not more than $3,0(X),(X)0 for each of the three fiscal 
years which begins after the date of the enactment of this Act. Such sums shall 
remain available until expended. 

TITLE VI— MISCELLANEOUS PROVISIONS 

OLD FAITHFUL INN AT YELLOWSTONE NATIONAL PARK 

Sec. 601. (a) The Secretary is hereby authorized to acquire and upgrade the 
Old Faithful Inn at Yellowstone National Park in the State of Wyoming. 

(b) There are hereby authorized to be appropriated to carry out the purposes 
of this section, $1,500,0(X) for acquisition and $1,500,000 for development. 

RIDQELANDS AREA STUDY 

Sec. 602. (a) In order to consider preserving in their natural condition appro- 
priate segments of the Ridgelands east of San Francisco Bay for protection of 
tbe area's unique ecology and topograpby and for public outdoor recreation, the 



309 



Secretary shall study. Inrestigate. and formulate recommendations on the feasi- 
bility and desirability of esta»)lishing such area as a unit of the National Park 
System. The Secretary shall consult with the Secretary of Agriculture, the Chief 
of Engineers, Department of the Army, and any other appropriate Federal agen- 
cies, as well as with the East Bay Regional Park District, the Association of Bay 
Area Governments, and other State and local bodies and officials involved, and 
shall coordinate the study with applicable local and State plans and planning 
activities relating to the Ridgelands. Federal departments and agencies are 
authorized and directed to cooperate with the Secretary and, to the extent per- 
mitted by law, to furnish such statistics, data, reports, and other material as 
the Secretary may deem necessary for purposes of the study. 

(b) The Secretary shall submit to the President and the Congress of the 
United States, within one year after the date of enactment of this Act, a report 
of his findings and recommendations. The report of the Secretary shall contain, 
but not be limited to, findings with respect to — 

(1) the scenic, scientific, historic, natural, and outdoor recreation values 
of the Ridgelands, including their use for walking, hiking, horseback rid- 
ing, bicycling, swimming, picnicking, camping, forest management, fish and 
wildlife management, educational exhibiting, and scenic and historic site 
preservation ; 

(2) the type of Federal, State, and local programs that are feasible and 
desirable in the public interest to preserve, develop, and make accessible for 
public use the values identified ; 

(3) the relationship of any recommended national park, recreation area, 
or wilderness area to existing or proposed Federal, State, and local pro- 
grams to manage in the public interest the natural resources of the entire 
San Francisco Bay area ; 

(4) alternative means of restoring and preserving the values inherent 
in the area under present ownership patterns ; and 

(5) the development of public land policies consistent with the protection 
of private open space land. 

(c) There are hereby authorized to be appropriated such sums as may be neces- 
sary to carry out the provisions of this section. 

PENNSYLVANIA AVENUE DEVELOPMENT COBPOBATION 

Sec. 603. Section 17(a) of the Pennsylvania Avenue Development Corpora- 
tion Act of 1972 (86 Stat. 1266), as amended, is further amended by striking the 
word "and" and preceding the figure "$1,500,000" ; by changing the period at 
the end of the sentence to a semicolon ; and by adding the following at the end 
of the sentence "and $2,000,000 for the fiscal year ending September 30, 1979. 

PRESERVATION OF HISTORICAL AND ARCHAEOLOGICAL DATA 

Sec V,Oi. (a) Section 7(b) of the Act of June 27, 1960 (74 Stat. 220: 16 
U.S.C. 469) is amended by striking out "and" following "1977;" and by striking 
out the period at the end thereof and sub.stituting the following " ; $i500,0(X) in 
fiscal year 1979; $1,000,000 in fiscal year 1980; $1,500,000 in fi.scal year 1981; 
$1,500,000 in fiscal year 1982 ; and $1..500.000 in fiscal year 1983.". 

(b) Section 7(c) of such Act is amended by striking out "and" following 
"1977;" and by striking out the period at the end thereof and substituting the 
following: ": $3,000,000 in fiscal year 1979; $3,000,000 in fiscal .vear 1980; $3,- 
500.000 in fiscal year 1981 ; $3,500,000 in fiscal year 1982 ; and $4,000,000 in fiscal 
year 1983.". 

(c) Section 7 of such Act is amended by adding the following at the end 
thereof : 

"(d) Beginning with fiscal year 1979, sums appropriated as provided in this 
section shall remain available until expended.". 

HISTORIC SITES FOB PRESIDENTS 

Sec 605. (a) The Secretary is authorized to establi.<;h by order, using such 
guidelines as he deems appropriate, a National Historic Site to commemorate 
each former President of the United States for his deeds, or for his leadership 
or for his lifework, or to name a significant memorial as a suitable tribute to 
honor such President. 



310 



37 

(b) The Secretary shall select the location, and shall prepare a plan and a 
study for the development of such site, and shall submit it to the Committee on 
Interior and Insular Affairs of the House of Representatives and the Committee 
on Energy and Natural Resources of the United States Senate no less than six 
months prior to final designation of the site. Either committee by a vote of the 
majority of its members may disapprove the action of the Secretary prior to the 
expiration of such six-month period. If neither committee has disapproved such 
action during such period the Secretary is authorized to acquire such lands, or 
interests in land, or structures as may be necessary to properly exemplify the 
commemoration to the former President, and may acquire the site by donation, 
purchase with donated or appropriated funds, or by any other means deemed 
to be appropriate. 

(c) Any site established under this section commemorating a former Presi- 
dent of the United States shall be administered in accordance with this section 
and provisions of law generally applicable to units of the National Park System. 

(d) There are hereby authorized to be appropriated to carry out the purposes 
of this section (as described in the original site plan as proposed to the com- 
mittees of the Congress) such sums as may be necessary. 

POTENTIAL PAKK UNIT STUDIES 

Sec. 606. In addition to other amounts available for such purposes, there are 
hereby authorized to be appropriated not more than $10,000,000 annually to be 
used by the Secretary for carrying out detailed studies of areas which may be 
suitable for inclusion in the National Park System. Such amounts may not be 
used to carry out any study which is specifically authorized to be carried out 
under any other provision of law. Notwithstanding any other provision of law, 
the study authorized by section 701 of Public Law 94-518 shall be transmitted as 
provided by said section no later than July 15, 1978. 

NEW AREA STUDIES, OENERAI, MANAGEMENT PLANS, AND CONTRACTS 

Sec. 607. The Act entitled "An Act to improve the administration of the Na- 
tional Park System by the Secretary of the Interior, and to clarify the authori- 
ties applicable to the System, and for other purposes" (84 Stat. 825) is amended 
as follows: 

(1) At the end of section 8 add the following : "For the purposes of carry- 
ing out the studies for potential new Park System units and for monitoring 
the welfare of those resources, there are authorized to be appropriated an- 
nually not to exceed $3,000,000. For the purposes of monitoring the welfare 
and integrity of the national landmarks, there are authorized to be appro- 
priated annually not to exceed $1,500,000.". 

(2) Delete section 12(b) and insert in lieu the following: 

"(b) General management plans for the preservation and use of each unit of 
the National Park System, including areas within the national capital area, shall 
be prepared and revised in a timely manner by the Director of the National Park 
Service. On January 1 of each year, the Secretary shall submit to the Congress a 
list indicating the current status of completion or revision of general manage- 
ment plans for each unit of the National Park System. General management 
plans for each unit shall include, but not be limited to : 

"(1) measures for the preservation of the area's resources; 
"(2) indications of types and general intensities of development (includ- 
ing visitor circulation and transportation patterns, systems and modes) asso- 
ciated with public enjoyment and use of the area, including general locations, 
timing of Implementation, and anticipated costs ; 

"(3) identification of and implementation commitments for visitor carry- 
ing capacities for all areas of the unit ; and 

"(4) indications of potential modifications to the external boundaries of 
the unit, and the reasons therefor.". 

(3) In .section 12(e) delete "or exceeding five years" and insert "or of five 
years or more". 

OAK CREEK CANYON AND CHIRICAHUA NATIONAL MONUMENT STUDIES 

Sec. 608. (a) In recognition of the need for and desirability of protecting the 
Oak Creek Canyon, Yavapai, and Soldiers Wash-Mormon Canyon areas in Ari- 



311 



38 

zona as a unit or units of the national park system, the Secretary, in coopera- 
tion with the Secretary of Ajrriculture where national forest lands are involved, 
shall conduct a studv to determine a suitable boundary for such unit or units of 
the System, including the areas referred to herein together with such lands as 
may be appropriate to provide for their protection and administration as a na- 
tional monument or other unit of the National Park System. Such study shall be 
conducted in consultation with appropriate jnits of local government concerned 
and the Sedona-Oak Creek Canyon Interagency Task Force. 

(b) The Secretary, in cooperation with the Secretary of Agriculture where 
national forest lands are involved, shall conduct a study of the boundary of 
Chiricahua National Monument. Arizona, to determine the appropriate location 
of a boundary line for additions to the monument which includes such highly 
scenic features as Cochise Head and which is located to the extent practicable on 
natural topographic features. 

(c) A report of each study conducted pursuant to subsections (a) and (b) of 
this section shall be submitted by the Secretary to the Committee on Interior and 
Insular Affairs of the Hou.se of Representatives and the Committee on Energy 
and Natural Resources of the Senate not later than one year following the date 
on which funds are appropriated for the purpose of the study. Each report shall 
include a map or other description of the boundary determined as a result of 
the study, a description of the natural, scenic, and cultural features within the 
boundary, and the recommendation of the Secretary with respect to such further 
legislation as may be appropriate. 

APPROPRIATE AGENCY PROCEDTJRES 

Sec. 609. It is the established policy of Congress that wilderness, wildlife con- 
servation, and park and recreation values of real property owned by the United 
States be conserved, enhanced, and developed. It is further declared to be the 
policy of Congress that unutilized, underutilized, or excess Federal real property 
be timely studied as to suitability for wilderness, wildlife conservation, or park 
and recreation purposes. To implement this policy, the Secretary, the Administra- 
tor of General Services, and the Director of the Otfice of Management and Budget 
shall establish a system with appropriate procedures to permit the Secretary full 
and early opportunity to make such studies and propose appropriate recom- 
mendations to dispo.sing agencies for consideration in connection with determina- 
tions of further utilization or disposal of such property under existing law. Each 
affected executive agency is authorized and directed to provide to the Secretary 
such advice and information relating to such studies as the Secretary may 
request. 

LAND AND WATER CONSERVATION FUND ACCOMPLISHMENTS REPORTING DATE 

Sek. 610. (a) The first sentence of section 0(f) (7) of the Land and Water 
Conservation Fund Act (78 Stat. 897) is amended by inserting ". so as to be 
received by the Secretary no later than December 1," after the word "transmit". 

(b) The third sentence of such section 6(f) (7) of such Act is amended by 
striking out the period and inserting in lieu thereof "by no later than February 15 
of each year.'. 

RECREATION PROGRAMS 

Sec. 611. (a). This .section may be cited as the "Urban Parks and Recreation 
Recovery Act" and shall become effective on October 1. 1978. 

FINDINGS AND PURPOSES 

(b) The Congress finds that the quality of life in urban areas is closely related 
to the availability of fully functional park and recreation systems, including 
land, facilities and service programs. The Congress further finds that many hard- 
pressed cities and insular areas have recreation systems which are seriously 
deteriorated and that no existing Federal assistance program fully addresses the 
needs for physical rehabilitation of these systems. The purjwse of this section is 
to authorize Federal grants to hard-pressed communities specifically for the re- 
habilitation and development of critically needed recreation areas and facilities 
for a period of five years. This short-term program is intended to complement 
existing Federal programs such as the Land and Water Conservation Fund and 
Community Development grant programs by encouraging and stimulating local 



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39 

governments to revitalize their park and recreation systems and to make long- 
term commitments to continuing maintenance of these systems. 

URBAN PARK AND RECREATION KECOVERl PROGRAM 

(c) The Secretary is authorized to establish an Urban Park and Recreation 
Recovery Program to provide financial assistance for rehabilitation and develop- 
ment of recreation areas and facilities in the forzii of challenge grants to local 
governmeiits in urban and insular areas. Such assistance shall be subject to such 
terms and conditions as the Secretary considers appropriate and in the public 
interest to carry out the purposes of this section. 

DEFINITIONS 

(d) When used in this section — 

(1) "recreation facilities" means indoor or outdoor facilities which are 
intended to serve the close-to-home recreation needs of community residents, 
with emphasis on public facilities readily accessible to residential neighbor- 
hoods, including multiple-use community centers which have recreation as 
one of their primary purposes, but excluding major sports arenas, exhibition 
areas and conference halls used primarily for commercial sjwrts, spectator 
or display activities. 

(2) "recreation areas" means existing parks, building or sites dedicated 
to recreation purposes and administered by public agencies for use by the 
general public. 

(3) "grants" means matching capital grants to public agencies for the 
purpose of rebuilding, remodeling, expanding or developing existing outdoor 
or indoor recreation areas and facilities, including improvements in park 
landscapes, buildings and support facilities, but excluding routine mainte- 
nance and upkeep activities. 

(4) "maintenance" means all commonly accepted practices necessary to 
keep recreation areas and facilities operating in a state of good repair and 
to protect them from deterioration resulting from normal wear and tear. 

(5) "general purpose local government" means any city, county, town, 
township, parish, village or other general purpose political subdivision of a 
State, including the District of Columbia, and insular areas. 

(6) "special purpose local government" means any local or regional spe- 
cial district, public-purpose corporation or other limited political subdivision 
of a State, or of the District of Columbia, including but not limited to 
school districts, park authorities, and park, conservation, water or sanitary 
districts. 

(7) "State" means any State of the United States or any instrumentality 
of a State approved by the Governor ; the Commonwealth of Puerto Rico, 
and insular areas ; and 

(8) "insular areas" means Guam, the Virgin Islands, American Samoa, 
and the Northern Mariana Islands. 

GRANTS TO IMPLEMENT PROGRAM 

(e) Grantees. — The Secretary is authorized to provide 50 per centum match- 
ing, rehabilitation grants directly to eligible general purpose local governments 
upon his approval of applications therefor by the chief executives of such govern- 
ments. At the discretion of such applicants, and if consistent with an approved 
application, rehabilitation grants may be transferred to independent special pur- 
po.se local governments: Provided, That recreation areas and facilities owned or 
managed by them offer recreation opportunities to the general population in 
their service areas. 

Payments may be made only for development or rehabilitation activities which 
have been approved by the Secretary. Such payments may be made from time to 
time in keeping with the rate of progress toward the satisfactory completion of 
a project. 

The Secretary may authorize modification of an approved project only when 
a grantee has adequately demonstrated that such modification is necessary be- 
cause of circumstances not foreseeable at the time a project was proposed. 

(f) Criteria for Grant Eligibility and Priorities for Project Approval. — 
Eligibility of general purpose local governments for grants shall be based upon 
need as determined by the Secretary. Within 120 days after the effective date 



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of this Act, the Secretary shall publish in the Federal Register a list of the 
general purpose local governments eligible to particii)ate in the Urban Park 
and Recreation Recovery program together with a discission of criteria used in 
their selection. Such criteria shall be based upon the minimum standards for 
physical and economic distress established for the Department of Housing and 
Urban Development's Urban Development Action Grants. The Secretary shall 
also establish priority criteria for project selection and approval which consider 
such factors as : 

(1) population ; 

(2) age and condition of existing recreation areas and facilities : 

(3) demonstrated deficiencies in access to neighborhood recreation op- 
portunities, particularly for low-income and minority residents ; 

(4) public participation in determining rehabilitation or development 
needs ; 

(5) the extent to which a project supports or complements target activities 
undertaken as part of a local government's overall community development 
and urban revitalization program ; 

(6) the extent to which a proposed project would provide employment 
opportunities for low- and moderate-income residents in the project neighbor- 
hood and/or would provide for participation of neighborhood, non-profit 
or tenant organizations in the proposed rehabilitation activity or in sub- 
sequent maintenance, staflSng, or supervision of recreation areas and facili- 
ties : and 

(7) the amount of State and private support for a project as evidenced by 
commitments of non-Federal resources to project construction or operation. 

(g) Local Commitments to System Reco\-ery and Maintenance. — As a re- 
quirement for project approval local governments applying for rehabilitation 
grants must submit to the Secretary interim evidence of commitments to on- 
going rehabilitation, operation, maintenance, and service programs and planning 
for their overall park and recreation system. Such commitments should max- 
imize coordination of all community resources, including other federally sup- 
ported urban development and recreation programs. Following an interim period 
to be established by regulations under this section, all local applicants must sub- 
mit to the Secretary, as a condition of eligibility, complete park and recreation 
recovery plans identifying overall rehabilitation and maintenance objectives for 
the park and recreation system, including satisfactory demonstration by a local 
government of : 

(1) adequate planning for the development or rehabilitation of specifically 
identified recreation areas and facilities, including projections of the cost 
of proposed projects ; 

(2) capacity and commitment to assure that facilities provided or im- 
proved under this section shall thereafter continue to be adequately main- 
tained, protected, staffed and supervised ; 

(3) intention to maintain total local public outlays for park and rec- 
reation purposes at levels at least equal to such expenditures in the year 
preceding that in which grant assistance is sought ; and 

(4) the relationship of the park and recreation recovery program to over- 
all community development and urban revitalization efforts. 

The Secretary shall establish and publish in the Federal Register requirements 
for preparation, submission and updating of local park and recreation recovery 
plans. 

(h) Program Development Grants. — The Secretary is authorized to provide 
50 per centum matching grants for program development and planning specifically 
to meet the objectives of this section. 

(i) State Action iNCENTrsx. — The Secretary is authorized to increase Fed- 
eral grants authorized in this subsection by providing an additional match equal 
to the total match provided by a State of up to 25% of total project costs. In no 
event may the Federal matching amount exceed 75% of total project cost. The 
Secretary shall further encourage the States to assist him in assuring that local 
rehabilitation plans and programs are adequately implemented by cooperating 
with the Department of the Interior in monitoring local park and recreation 
recovery plans and programs and in insuring consistency of such plans and 
programs, where appropriate, with State recreation policies as set forth in state- 
wide comprehensive outdoor recreation plans. 

(j) Matching Requirements. — The non-Federal shares of project costs as- 
sisted under this section may be derived from general or special purpose State 



314 



41 

or local revenues, State categorical grants, special appropriations by State legis- 
latures, donations of land, buildings or building materials and/or in-kind con- 
struction, technical and planning services, but not from any Federal grant pro- 
gram other than General Revenue Sharing and the Community Development 
block grant program. Reasonable local costs of plans or program development 
to meet the requirements of this subsection may be used as part of the local 
match only when local applicants have not received program development grants 
under the authority of subsection (h) of this section. The Secretary shall encour- 
age States and private interests to contribute, to the maximum extent possible, 
to the non-Federal share of project costs. The amount of State and private 
contributions to the project, shall be considered as one factor in rating projects 
for approval. 

(k) Conversion of Recreation Property. — No property improved or developed 
with assistance under this section shall, without the approval of the Secretary, 
be converted to other than public recreation uses. The Secretary shall approve 
such conversion only if he finds it to be in accord with the then existing local 
park and recreation recovery plan and only upon such conditions as he deems 
necessary to assure the provision of adequate recreation properties and oppor- 
tunities of reasonably equivalent location and usefulness. 

COORDINATION OF PROGRAM 

(1) The Secretary shall (a) coordinate the Urban Park and Recreation Re- 
covery Program with the total urban recovery effort and work with the Secretary 
of HUD to insure maximum effectiveness of the program. The Secretary shall 
also coordinate to the fullest extent possible with other P^ederal departments and 
agencies and with State agencies which administer programs and jwlicies ef- 
fecting urban areas, including but not limited to, programs in housing, urban 
development, natural resource management, employment, transportation, com- 
munity senices and voluntary action; (b) encourage maximum coordination of 
the program between appropriate State agencies and local applicants; and (c) 
require that local applicants include provisions for participation of community 
and neig'hborhood residents and for public-private coordination in rehabilitatiou 
planning and project selection. 

AUDIT REQUIREMENTS 

(m) Each recipient of assistance under this section shall keep such records as 
the Secretary Shall prescribe, including records which fully disclose the amount 
and disposition of project undertakings in connection with which assistance 
under this section is given or used, and the amount and nature of that portion 
of the cost of the project or undertaking supplied by other sources, and such 
other records as will facilitate an effective audit. The Secretary, and the Comp- 
troller General of the United States, or any of their duly authorized representa- 
tives, shall have access for the purpose of audit and examination to any books, 
docnnents, papers and records of the recipient that are pertinent to assistance 
received under this section. 

AUTHORIZATION OF APPROPRIATIONS 

(n) There are hereby authorized to be appropriated for the grants authorized 
by this section, not to exceed $150,000,000 for each of the fiscal years 1079 through 
1083, such sums to remain available until expended. Xot more than three per 
centum of the funds authorized in any fiscal year may l)e u.sed for grants for 
the development of local i>ark and recreation recovery plans and programs 
pursuant to this section. Grants made under this section for projects in any 
one State .shall not exceed in the aggregate 15 per centum of the aggregate amoiint 
of funds authorized to be appropriated in any fiscal year. 

Notwithstanding any other provision of this Act. or any other law. or 
regulation, there is further authorized to be appropriated .'i!2.50,000 for eacli of 
the fiscal years 1079 through 1983, such .sums to remain available until expended, 
to each of the insular areas. Such sums will not be subiect to the matching 
provisions of this section, and may be subject to such conditions, reports plans, 
and agreements, if any, as determined by the Secretarv. 



315 



42 

LIMITATION ON USE OF FUNDS 

(o) No grant funds available under this section shall be used for aonuisition 
or land or interests in land. 

EXPIRATION OF AUTHORITY 

(p) The authority for new appropriations under this section shall expire on 
September 30, 1983. Funds already authorized and appropriated as of that date 
will remain available until exi>ended. 

HELLS CANTON NATIONAL RECREATION AREA 

Sec. 612. The words "September 1975" in section 1(b) of the Act of Decem- 
ber 31. 1975 (Public Law ^*-199), are deleted and replaced with the words 
'May 1978," to clarify that the boundary between Saulsberry and Freezeout 
Saddles is the hydrologic divide. 

IRV^NE COAST-LAGUNA, CALIFORNIA STUDY 

Sec. 613. (a) In order to consider preserving in its natural condition, the 
Irvine Coast-Laguna area. California from Newport Beach to Laguna Beach as 
generally depicted on the map entitled "Irvine Coast-I>aguna Study Area" num- 
bered IRV-90.000. and dated May 1978. and in order to consider protection of 
the areas unique ecology and topography, its watershed and marine environ- 
ment, and public outdoor recreation opportunities, the Secretary shall study, 
investigate, and formulate recommendations on the feasibility and desirability 
of establishing such area as a unit of the National Park System, such as a park, 
recreation area, or seashore. The Secretary shall consult with other appropriate 
Federal agencies, as well as with the appropriate State and local bodies and 
oflScials involved, and shall coordinate the study with applicable local and State 
plans and planning activities relating to the area. Federal departments and 
agencies are authorized and directed to cooperate with the Secretary and. to the 
extent permitted by law. to furnish such statistics, data, reports, and other 
material as the Secretary may deem necessary for purposes of the study. 

(b) The Secretary shall submit to the President and the Congress of the United 
States, within six months after the date of enactment of this section, a report 
of his findings and recommendations. The report of the Secretary shall contain, 
but not be limited to. findings with respect to — 

(1) the scenic, scientific, natural, and outdoor recreation values of the 
Irvine Coast-Laguna area : 

(2) the type of Federal, State, and local programs that are feasible and 
desirable in the public interest to preserve, develop, and make accessible for 
public use the values identified ; and 

(3) the relationship of any recommended national park, recreation area, 
or seashore area to existing or proposed Federal, State, and local programs 
to manage in the public interest the natural resources of the entire Irvine 
Coast-I^aguna area. 

(c) There is hereby authorized to be appropriated $250,(XX) to carry out the 
provisions of this section. 

THEODORE ROOSEVELT INAUGURAL NATIONAL HISTORIC SITE 

Sec. 614. The first section of the Act entitled "An Act to provide for the 
acquisition and preservation of the real property known as the Ansley Wilcox 
House in Buffalo, New York, as a national historic site", approved November 2, 
1966 (Public Law 89-708), is amended by striking out "at no expense to the 
United States" and inserting in lieu thereof "at no expense to the Department of 
the Interior,". 

BIO 8UR STUDY 

Sec. 615. (a) It is the purpose of this section to provide for a study of the 
area in and around Big Sur, California, to determine the most feasible means of 
preserving its landscapes of unique and outstanding ecological, scenic, and recrea- 
tional value.s and of coordinating the management of the area. Such study shall 
include consideration of the — 

(1) preferences of the residents of the Big Sur area respecting such issue; 

(2) current land ownership and use patterns ; 



38-854 O - 79 



316 



43 

(3) views of all local, State, and Federal governments and agencies con- 
trolling or managing property in such area, and views of all other interested 
groups and individuals respecting the most feasible means of preserving its 
unique values and coordinating the management of the area ; 

(4) cost and benefits of various alternative means of preserving such 
values and coordinating such management ; 

(5) any other studies that have been prepared or are being prepared on 
the most appropriate use or uses of such area ; and 

(6) any other issues that the Commission, created by this Act, determines 
are necessary and appropriate to such study. 

(b)(1) The Big Sur Preservation Study Commission is hereby established. 

(2) The Commission shall be composed of one representative of each of the 
following agencies heads — 

(A) Big Sur Grange; 

(B) Big Sur Citizens Advisory Committee ; 

( C ) Big Sur Chamber of Commerce ; 

(D) Big Sur Foundation; 

(E) Big Sur Trust; 

(F) Coast Property Owners Association; 

(G) United States Department of the Interior ; 
( H ) United States Department of Agriculture ; 

( I ) California Department of Parks and Recreation ; 
(J) Central California Coastal Commission ; and 
(K) Monterey County Department of Parks. 

(3) A simple majority of the members of the Commission shall constitute a 
quorum. 

The Commission shall act only by a majority vote of the membership of the 
Coiuuii.ssiua. 

(4) The Chairman of the Commission shall be elected by the members of the 
Commission from among the members of the Commission and shall serve until 
expiration of the Commission. 

(5) The Commission shall meet at the call of the Chairman or a majority of 
its members. Commission meetings shall be held at such locations and in such 
manner as to insure adequate public involvement. Such locations shall be within 
a twenty-mile radius of the town of Big Sur, California. All meetings for the 
conduct of business shall be open to the public and shall be preceded by reason- 
able notice thereof. 

(6) Members of the Commission who are employees of the United States or of 
a State or local unit of government shall serve without additional compensation, 
except for reimbursement for expenses incurred in the performance of their 
duties as members of the Commission. All other members shall receive .$50 
per diem when actually engaged in the performance of their duties as members of 
the Commission. 

(7) Financial and administrative services (including those related to payment 
of compensation, budgeting, accounting, financial reporting, and procurement) 
shall be provided by the Secretary from the funds appropriated to carry out 
this section. 

(8) Technical assistance services shall be provided by the Secretary of the 
Commission for the purpose of developing the study referred to in this section 
and shall be provided from the funds appropriated to carry out this section and 
from any discretionary funds available to the Secretary for the payment for 
such services. 

(9) The Commission shall have the authority to appoint such staff and tem- 
porary and intermittent personnel as may be necessary to carry out the duties of 
the Commission. Such staff and other personnel may be appointed without regard 
to the provisions of title 5, United States Code, governing appointments in the 
competitive service, and may be paid without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of such title relating to classification and 
General Schedule pay rates. 

(10) Upon request of the Commission, the head of any Federal agency is au- 
thorized to detail, on a reimbursable basis, any of the personnel of such agency 
to the Commis.sion to assist it in carrying out its duties under this section. 

(11) The Commission may secure directly from any department or agency of 
the United States information necessary to enable i( to carry out this section. 



317 



44 

Upon request of the Commission, the head of such department or agency shall 
furnish such information to the Commission. 

(12) The Commission shall convene not later than sixty days after the begin- 
ning of the first fiscal year for which sums are appropriated to carry out this 
section. 

(c) The Commission shall, within eighteen months after the first day of the 
first fiscal year beginning after the date of the enactment of this section, com- 
plete and submit to the Secretary and the Congress a Big Sur Area Preservation 
Feasibility Study (hereinafter in this section referred to as the "study" which 
includes — 

(1) a description of the lands within the area, including a detailed de- 
scription of the boundaries of such area and a resource assessment ; 

(2) an evaluation of the values, scenic, cultural, historical, recreational, 
and other, present in such area ; 

(3) a recommendation of the land uses compatible and incompatible with 
the preservation of such values ; 

(4) a recommendation of the most appropriate institutional arrangements. 
If any, between the residents, the Federal, State, and local governmental 
units and private entitles for the preservation of such values in such area ; 
such a recommendation may include retention of the present status quo 
arrangements if the Commission deems them sufficient for the needs of the 
area; 

(5) a summary of the findings of the Commission of the views of local 
residents and affected individuals and groups on any proposed recommen- 
dations, together with recommendations by the Commission on the best way 
to maintain and encourage local participation in any future planning for 
the area ; 

(6) a recommendation for coordination of the policies and programs of 
the local, State, and Federal governments in such area so as to preserve 
and enhance the values of such area ; and 

(7) such other information and recommendations as the Commission finds 
necessary. 

(d) Prior to completion of the study, the Commission shall hold at least two 
public hearings within the confines of the area described in the study for the 
purpose of receiving public comment on the study. Notice of the date, time, and 
location of such meeting or hearing shall be published in a local newspaper of 
general circulation at least once a week for four consecutive weeks, beginning 
one month before such hearing, and shall contain information as to where a 
copy of the proposed plan may be Inspected. The final study shall not be adopted 
until thirty days after the last hearing. 

(e) The Commission .shall, upon adoption of the study by a majority vote of 
the entire membership of the Commission, submit the study to the Secretary and 
to the Committee on Interior and Insular Affairs of the United States House of 
Representatives and the Committee on Energy and Natural Resources of the 
United States Senate. The Secretary shall, within ninety days of his receipt of 
the report, forward his recommendations to the Congress. 

(f) The Commission shall terminate upon transmittal of the study by the 
Secretary to the Congress. 

(g) There is hereby authorized to be appropriated to carry out the purposes 
of this section not more than $350,000 for the eighteen-month period beginning 
with the first fiscal year which begins after the date of the enactment of this Act. 

TITLE VII— WILD AND SCENIC RIVERS ACT AMENDMENTS 

Subtitle A — Addition of Segments 

ADDITION OF PERE MARQUETTE SEGMENT 

Sec. 701. Section 3(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(16) Pebe Marquette, Michiga.x. — The .segment downstream from the junc- 
tion of the Middle and Little South Branches to its junction with United States 
Highway 31 as generally depicted on the boundary map entitle<l 'Proprised 
Boundary I>ocation, Pere Marquette Wild and Scenic River," ; to be administered 
by the Secretary of Agriculture. After consultation with State and localgovern- 



318 



45 

ments and the interested public, the Secretary shall take such action as is pro- 
vided for under subsection (b) with respect to the segment referred to in this 
paragraph within one year from the date of enactment of this paragraph. For 
the purposes of carrying out the provisions of this Act with respect to the river 
designated by this paragraph, there are authorized to be appropriated not more 
than $8,125,000 for the acquisition of lands or interests in lands and $402,000 
for development.". 

ADDITION OF RIO GRANDE SEGMENT 

Sec. 702. Section 3(a) of the Wild and Scenic Rivers Act is amended by add- 
ing the following new paragraph at the end thereof : 

"(17) Rio Grande, Texas. — The segment on the United States side of the 
river from river mile 842.3 above Mariscal Canyon downstream to river mile 651.1 
at the Terrell-Val Verde County line ; to be administered by the Secretary of the 
Interior. The Secretary shall, within two years after the date of enactment of 
this paragraph, take such action with respect to the segment referred to in this 
paragraph as is provided for under subsection (b). The action required by 
such subsection (b) shall be undertaken by the Secretary, after consultation 
with the United States Commissioner, International Boundary and Water 
Commis.sion, United States and Mexico, and appropriate oflScials of the State 
of Texas and its political subdivisions. The development plan required by 
subsection (b) shall be construed to be a general management plan only for 
the United States side of the river and such plan shall include, but not be limited 
to, the establishment of a detailed boundary which shall include an average of 
not more than 160 acres per mile. Nothing in this Act shall be construed to be in 
conflict with — 

"(A) the commitments or agreements of the United States made by or in 
pursuance of the treaty between the United States and Mexico regarding 
the utilization of the Colorado and Tijuana Rivers and of the Rio Grande, 
signed at Washington, February 1944 (59 Stat. 1219) , or 

"(B) the treaty between the United States and Mexico regarding main- 
tenance of the Rio Grande and Colorado River as the international boundary 
between the United States and Mexico, signed November 23, 1970. 
For purposes of carrying out the provisions of this Act with respect to the river 
designated by this paragraph, there are authorized to be appropriated such 
sums as may be necessary, but not more than $1,650,000 for the acquisition of 
lands and interests in lands and not more than $1,800,000 for development.". 

ADDITION OF SKAGIT SEGMENT 

Sec. 703. Section 3(a) of the Wild and Scenic Rivers Act is amended by add- 
ing the following new paragraph at the end thereof : 

"(18) Skagit, Washington. — The segment from the pipeline crossing at 
Sedro-WooUey upstream to and including the mouth of Bacon Creek ; the Cas- 
cade River from its mouth to the junction of its North and" South F^orks: the 
South Fork to the boundary of the Glacier Peak Wilderness Area ; the Suiattle 
River from its mouth to the boundary of the Glacier Peak Wilderness Area at 
Milk Creek ; the Sauk River from its mouth to its junction with Elliott Creek ; 
the North Fork of the Sauk River from its junction with the South Fork of the 
Sauk to the boundary of the Glacier Peak Wilderness Area ; as generally 
depicted on the boundary map entitled 'Skagit River — River Area Boundary" : 
all segments to be administered by the Secretary of Agriculture. Rip-rapping 
related to natural channels with natural rock along the shorelines of the Skagit 
segment to preserve and protect agricultural land shall not be considered incon- 
sistent with the values for which such segment is designated. After consultation 
with affected Federal agencies. State and local government and the interested 
public, the Secretary shall take such action as is provided for under subsection 
(b) with respect to the segments referred to in this i>aragraph within one year 
from the date of enactment of this paragraph : as part of such action, the Secre- 
tary of Agriculture shall investigate that portion of the North Fork of the 
Cascade River from its confluence with the South Fork to the boundary of the 
North Cascades National Park and if such portion is found to qualify for inclu- 
sion, it shall be treated as a component of the Wild and Scenic Rivers System 
designated under this section upon publication by the Secretary of notification 



319 



46 

to thnt effect in the Ke<leral Retiister. Upon n sliowinp; by the I'nited States 
Army ('nr|)s of Kngineers that a dry dam on the Sauk Kiver provides greater 
flood control protection on a cost-l)enetit ratio thati other measures, aiul is not 
tuxluly deleterious to tlie anadramous lishery, the Sauk Kiver from its mouth 
to the national forest boundary and tiie segment of the Suiattle River affected 
by impounded waters shall he withdrawn from wild and scenic river status. The 
Chief of the I'nited States Army Corps of Kngineers shall rejiort to the Congress 
as soon as funds are appropriated by the Congress and appropriately matched 
at the local level. Within sixty legislative days of such report. Congress may act 
and the aforementioned segments of the Sauk and Suiattle Rivers shall be with- 
drawn from wild and scenic river status and construction of said dam may 
proceed. For the i)uri)oses of carrying out the provisions of this Act with respect 
to the river designated by this paragraph there are atithorizcd to be ap|)ropri- 
ated not more than .$11,7.S4,()0() for the acquisition of lands or interest in lands 
and nol more than .'?S32.t)00 for development." 

ADDITIO.V OK I'PPEK MISSISSIPPI SEGMENTS 

Sec. 704. Section 3(a) of the Wild and Scenic Rivers Act is amended by add- 
ing the following new paragraph at the end thereof: 

"(19) Upper Mississippi. Minnesota. — The upper ten segments of those .seg- 
ments of the river qualifying for designation between the northwestern corporate 
boundary of Anoka and the outlet of Lake Itasca, as generally dei)i(ted and 
classified on the drawing designated as 'Figure 1 — Qualifying segments' con- 
tained in the Secretary's report entitled 'Ujiper Mississippi — A Wild and Scenic 
River Study', dated April 1977. The Secretary may designate lands owned by 
the Chippewa Indian Tribe as part of the Upper Mississippi component only 
with the consent of the tribal governing body. The Secretary, in consultation 
with the Secretary of Agriculture and appropriate officials of the State of 
Minnesota and its political subdivisions, shall take such action as is provided 
for luuler subsection (b) of this section with respect to the segments designated 
under this paragraph within two years after the date of enactment of this 
paragrai)h. In applying section 6(g)(3). January 1. 1077 shall be substituted 
for January 1. 1JMJ7. The development plan required by subsection (b) shall be 
construed to be a comprehensive master plan which shall include, but not be 
limited to. the delineation of detailed boundaries for the Upper Mississippi com- 
ponent, and specific i)lans for its acquisition, development, and managenjent. 
including provision for continued administration by the Secretary of Agriculture 
of lands within the Chippewa National Forest. For the purposes of carrying 
out the provisions of this Act with respect to the river designated by this para- 
graph, there are authorized to be appropriated not more than ,$16,500,000 for the 
acquisition of lands and interests in lands and not more than ?3,300,000 for 
development.". 

ADDITION OF UPPER DELAWARE SEGMENT ; SPECIAL PROVISIONS 

Sec. 705. (a) Section 3(a) of the Wild and Scenic Rivers Act,is amended by 
adding the following new paragraph at the end thereof : 

"(20) Upper Dei.aware River. New York \nd Pennsylvania. — The segment 
of the T'pper Delaware River from the confluence of the East and West branches 
below Hancock, New York, to the existing railroad bridge immediately down- 
stream of Cherry Island In the vicinity of Sparrow Bush. New York, as depicted 
on the boundary map entitled 'The Tapper Delaware Scenic and Recreational 
River", dated April 1978; to be administered by the Secretary of the Interior, 
Subsection (b) of this section shall not apply, and the boundaries and classifica- 
tions of the river shall be as specified on the map referred to in the preceding 
sentence, except to the extent that such boundaries or classifications are modified 
pursuant to section 705(c) of the National Parks and Recreation Act of 1978. 
Such boundaries and classifications shall be published in the Federal Register 
and shall not become effective until ninety days after they have been forwardecl 
to the Committee on Interior and Insular Affairs of the United States Hou.se of 
Representatives and the Committee on Energy and Natural Resources of the 
United States Senate. For purposes of carrying cut the provisions of this Act 
with respect to the river designated by this paragraph there are authorized to be 
appropriated such sums as may be necessary.". 

(b)(1) Notwithstanding any requirement to rhe contrary contained in sec- 
tion 6(ci of the Wild and Scenic Rivers Act. within one hundred and eighty 



320 



47 



days after the date of enactment of this Act, the Secretary shall publish in the 
Federal Register general guidelines for land and water use control measures to 
be developed and implemented by the appropriate oflBcials of the States of New 
York and Pennsylvania (hereinafter referred to as the "directly affected 
States"), by the local political subdivisions, and by the Delaware .River Basin 
Commission (hereinafter referred to as the •"Commission"). The Secretary shall 
provide for participation in the development of said general guidelines by all 
levels of State, county, and local government, and concerned private individuals 
and organizations, and also shall seek the advice of the Upper Delaware Citi- 
zens Advisory Council established in subsection (f ) (hereinafter referred to as 
the "Advisory Council" ) . In each of the directly affected States, prior to publica- 
tion of such general guidelines, public hearings shall be conducted by the Secre- 
tary or his designee, in the region of the Upper Delaware River designated by 
subsection (a) (hereinafter in this section referred to as the "Upper Delaware 
River"). 

(2) The Secretary may from time to time adopt amended or revised guidelines 
and shall do so in accordance with the provisions of paragraph (1) hereof. 

(c) (1) Within three years from the date of the enactment of this Act, the 
Secretary, in cooperation with the Commission, the Advisory Council, the di- 
rectly affected States and their concerned political subdivisions and other con- 
cerned Federal agencies, shall develop, approve, and submit to the Governors of 
the directly affected States a management plan (hereinafter in this section re- 
ferred to as the "management plan" or "the plan") for the Upper Delaware River 
which shall provide for as broad a range of land and water uses and scenic and 
recreational activities as shall be compatible with the provisions of this section 
the Wild and Scenic Rivers Act, and the general guidelines for land and water 
use controls promulgated by the Secretary under the provisions of subsection (b). 

(2) The plan apply to the Upper Delaware River and shall set forth — 

(A) a map showing detailed final landward boundaries, and upper and 
lower termini of the area and the specific segments of the river classified as 
scenic and recreational, to be administered in accordance with such classifi- 
cations ; 

(B) a program for management of existing and future land and water use, 
including the application of available management techniques ; 

(C) an analysis of the economic and environmental costs and benefits of 
implementing the management plan, including any impact of the plan upon 
revenues and costs of local government ; 

(D) a program providing for coordinated implementation and administra- 
tion of the plan with proposed assignment of responsibilities to the appro- 
priate governmental unit at the Federal, regional, State, and local levels ; 
and 

(E) such other recommendations or provisions as shall be deemed appro-, 
priate to carry ou the puriwses of this section. 

(3) Immediately following enactment of this Act, the Secretary, through the 
National Park Service or such other designee, shall develop and implement such 
interim programs as he .'^hall deem necessary and appropriate to protect the 
Upper Delaware River and its environs and to protect the public health and 
safety. Such interim programs shall include provisions for information to river 
users, education and interpretation activities, and regulation of recreational use 
of the river. 

(4) To enable the directly affected States and their political subdivisions to 
develop and implement programs compatible with- the management plan, the 
Secretary shall provide such technical assistance to the said States and their 
political subdivisions as he deems appropriate. 

(5) The Secretary shall promote public awareness of and participation in the 
development of the management plan, and shall develop and conduct a concerted 
program to this end. Prior to final approval of the management plan, the Secre- 
tary shall hold two or more public hearings in the Upper Delaware River region 
of each directly affected State. 

(6) Upon approval of the management plan by the Secretary, it shall be pub- 
lished in the Federal Register and shall not become effective until ninety days 
after it shall have been forwarded to the Committee on Interior and Insular Af- 
fairs of the United States House of Representatives and the Committee on En- 
ergy and Natural Resources of the United States Senate. The plan shall be ad- 



321 



48 

ministered by the Secretary In accordance with the provisions of this section and 
the Wild and Scenic Rivers Act. The Secretary is hereby granted such authority 
as may be required to implement and administer said plan. 

(d) Notwithstanding any provision of the Wild and Scenic Rivers Act, the Sec- 
retary may not acquire more than a total of four hundred and fifty acres of land 
and interests in land for access, development sites, the preservation of scenic 
qualities, or for any other |)urposes : Provided, That the Secretary may acquire 
additional land and interests in land for such purposes not in excess of one thous- 
and acres if such additional acquisition is recommended and provided for in the 
management plan as finally approved by the Secretary. The limitations con- 
tained in this section shall not apply under the circumstances set forth in sub- 
section (e)(4) of this section. Prior to acquisition of any land or interests in 
land which has been used for business purposes during the annual period Im- 
mediately preceding the date of the enactment of this Act, the Secretary shall 
first make such efforts as he deems reasonable to acquire easements or restric- 
tive covenants, or to enter into any other appropriate agreements or arrange- 
ments with the owners of said land, consistent wth the purposes of this section. 

(e)(1) For the purpose of protecting the integrity of the Upper Delaware 
River, the Secretary shall review all relevant local plans, laws, and ordinances to 
determine whether they substantially conform to the approved management 
plan provided for in subsection (c) and to the general guidelines promulgated 
by the Secretary pursuant to subsection (b). Additionally, the Secretary shall 
determine the adequacy of enforcement of such plans, laws, and ordinances, 
including but not limited to review of building permits and zoning variances 
granted by local governments, and amendments to local laws and ordinances. 

(2) The purpose of such reviews shall be to determine the degree to which 
actions by local governments are compatible with the purix)se.-! of this section. 
Following the approval of the management plan and after a reasonable period 
of time has elapsed, but not less than two years, upon a finding by the Secretary 
that such plans, laws, and ordinances are nonexistent, are otherwise not in con- 
formance with the management plan or guidelines, or are not being enforced in 
such manner as will carry out the purposes of this section (as determined by 
the Secretary), the Secretary may exercise the authority available to him under 
the provisions of paragraph (4) hereof. 

(3) To facilitate administration of this section, the Secretary may contract 
with the directly affected States or their political subdivisions to provide, on 
behalf of the Secretary, professional services necessary for the review of relevant 
local plans, laws, and ordinances, and of amendments thereto and variances 
therefrom, and for the monitoring of the enforcement thereof by local govern- 
ments having jurisdiction over any area in the region to which the managemenl 
plan applies. The Secretary shall notify the appropriate State or local officials as 
to the results of his review under this section within forty-five days from the date 
he receives notice of the local government action. 

(4) In those sections of the Upper Delaware River where such local plans, 
laws, and ordinances, or amendments thereto or variances therefrom, are found 
by the Secretary not to be in conformance with the guidelines or the manage- 
ment plan promulgated pursiiant to subsections (b) and (c) of this section, re- 
spectively, or are not being enforced in such manner as will carry out the pur- 
poses of this section (as determined by the Secretary), the Secretary is hereby 
authorized to acquire land or interests in land In excess of the acreage provided 
for in subsection (d) of this section. Land and interests in land acquired pursuant 
to this subsection shall be restricted to the geographical area of the local govern- 
mental unit failing to conform with the said guidelines or management plan, and 
shall bo limited to those lands clearly and directly required, in the judgment of 
the Secretary, for protection of the objectives of this Act. The total acreage of 
land and interests in land acquired pursuant to this subsection shall not in any 
event exceed the limitations contained in section 6(a) of the Wild and Scenic 
Rivers Act. This subsection shall apply notwithstanding the first sentence of 
section 6(c) of the Wild and Scenic Rivers Act. Notwithstanding any limitation 
on amounts authorized to be appropriated for acquisition of land and interests 
in land which is contained in section 3(a) (21) of the Wild and Scenic Rivers Act 
or in any other provisdon of law, there are authorized to be appropriated such 
sums as may be necessary to carry out this sub.section. 

(f)(1) At the earliest practicable date following enactment of this Act but 
no later than one hundred and twenty days thereafter, there shall be established 
an Upper Delaware Citizens Advisory Council. The Advisory Council shall en- 



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49 

courage maximum public involvement in the development and implementation 
of tlie plans and programs authorized by this section. It shall report to the Com- 
mission and the Secretary from time to time during preparation of the manage- 
ment plan. Following completion of the management plan, it shall report to the 
Secretary and the Governors of the directly affected States no less frequently 
than once each year its recommendations, if any, for improvement in the pro- 
grams authorized by this Act, or in the programs of other agencies which may 
relate to land or water use in the Upper Delavv'are River Region. 

(2) Membership on the Advisory Council shall consist of seventeen members 
appointed as follows : there shall be — 

(A) six members from each of the directly affected States appointed by 
the Secretary from nominations submitted by the legislatures of the re- 
spective counties and appointed such that two members shall be from each 
of Orange, Delaware, and Sullivan Counties, New York, and three member.s 
shall be from each of Wayne and Pike Counties, Pennsylvania (at least 
one appointee from each county shall be a permanent resident of a munici- 
pality abutting the Upper Delaware River) ; 

(B) two members appointed at large by each Governor of a directly af- 
fected State ; and 

(C) one member appointed by the Secretary. 

The Secretary shall designate one of the aforesaid members to serve as Chair- 
person of the Advisory Council who shall be a permanent resident of one of the 
aforementioned counties. Vacancies on the Advisory Council shall be filled in the 
same manner in which the original aiipointment was made. Members of the Ad- 
visory Council shall serve wtihout compensation as such, but the Secretary is 
authorized to pay expenses reasonably incurred by the Advisory Council in carry- 
ing out its responsibilities under this Act on vouchers signed by the Chairman, 
(g) With respect to the land and water in areas which are not owned by the 
United States but which are within the boundaries of the segment of the Dela- 
ware River designated as a wild and scenic river under subsection (a), the 
Secretary is authorized to enter into contracts with the Appropriate State or 
political subdivisions thereof pursuant to which the Secretary may provide fi- 
nancial assistance to such State or political subdivision for purposes of — 

(1) enforcing State and local laws in such areas, and 

(2) removing solid waste from such areas and disposing of such waste. 
(h) Nothing in this section shall be construed as limiting the right to fish 

and hunt on any of the lands or waters within the boundaries of the Upper 
Delaware River in the manner provided in section 13 of the Wild and Scenic 
Rivers Act. 

(i) There are hereby authorized to be appropriated to carry out the purposes 
of this section such sums as may be necessary. 

(j) Where any provision of the Wild and Scenic Rivers Act is inconsistent 
with any provisions of this section, the provision of this section shall govern. 
In applying the provisions of .section 6(g) (3) of the Wild and Scenic Rivers Act, 
with regard to "improved property", the date specified therein, shall, for purposes 
of the river designated in this Act, be the date of enactment of this Act (rather 
than January 1, 1967). 

ADDITION OF MIDDLE DELAWARE SEGMENT 

Sec. 706. Section 3(a) of the Wild and Scenic Rivers Act is amended by 
adding the following new paragraph at the end thereof : 

"(21) Delaware, New York, Pennsylvania, and New Jersey. — The segment 
from the point where the river crosses the northern boundary of the Delaware 
Water 'Gap National Recreation Area to the point where the river crosses the 
southern boundary of such recreation area ; to be administered by the Secretary 
of the Interior. For purposes of carrying out this Act with respect to the river 
designated by this paragraph, there are authorized to be appropriated such sums 
as may be necessary. Action required to be taken under subsection (b) of this 
section with respect to such segment shall be taken within one year from the 
date of enactment of this paragraph, except that, with respect to such segment, 
in lieu of the boundaries provided for in such subsection (b), the boundaries 
shall be the banks of the river. Any visitors facilities established for purposes 
of use and en.ioyment of the river under the authority of the Act establishing 
the Delaware Water Gap National Recreation Area shall be compatible with the 



323 



60 

purposes of this Act uiid shall be lix-ated at an uiipropriate distance from the 
river.". 

ADDITION OF THE AMERICAN SEGMENT 

Sec. 707. Section 3(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof: 

"(22) AMhatuA.N', C.\LiKoii.M.v. — The North F'ork from a j)oint 0..'i miles al)0ve 
Heath Spring downstream to a point approximately 1,000 feet upstream of the 
Colfax-Iowa Hill Bridge, including the Gold Run Addition Area, as generally 
depicted on the map entitled 'Proposed Boundary Maps' contained in Appendix 
I of the document dated January 1978 and entitled 'A Propo.sal : .\orth Fork 
American Wild and Scenic River' published by the United States Forest Serv- 
ice, Department of Agriculture ; to be designated as a wild river and to be ad- 
ministered by agencies of the Departments of Interior and Agriculture as agreed 
ujwn by the Secretaries of such Departments or as directed by the President. 
Action required to be taken under subsection (b) shall be taken within one year 
after the date of enactment of this paragraph ; in applying such subsection 
(b) in the case of the Gold Run Addition Area, the acreage limitation specified 
therein shall not apply and in applying section 6(g) (3), January 1 of the calendar 
year preceding the calendar year in which this paragraph is enacted shall be 
substituted for January 1, 1967. For purposes of carrying out the provisions of 
this Act with respect to the river designated by this paragraph, there are author- 
ized to be appropriated not more than $850,000 for the acquisition of lands and 
interests in land and not more than $7(>5,000 for development.". 

ADDITION OF MISSOURI SEGMENT 

Sec. 708. Section 3(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(23) Missouri River, Nebraska, South Dakota. — The segment from Gavins 
Point Dam, South Dakota, fifty-nine miles downstream to Ponca State Park, 
Nebraska, as generally depicted in the document entitled 'Review Report for 
Water Resources Development, South Dakota, Nebraska. North Dakota, Mon- 
tana', prepared by the Division Engineer, Missouri River Division, Corps of 
Engineers, dated August 1977 (hereinafter in this paragraph referred to as the 
'August 1977 Report'). Such segment shall be administered as a recreational 
river by the Secretary. The Secretary shall enter into a written cooperative 
agreement with the Secretary of the Army (acting through the Chief of Engi- 
neers) for construction and maintenance of bank stabilization work and appro- 
priate recreational development. After public notice and consultation with the 
State and local governments, other interested organizations and associations, 
and the interested public, the Secretary shall take such action as is required 
pursuant to subsection (b) within one year from the da,te of enactment of this 
section. In administering such river, the Secretary shall, to the extent, and in a 
manner, consistent with this section — 

"(A) provide (i) for the construction by the United States of such recre- 
ation river features and streambank stabilization structures as the Secre- 
tary of the Army (acting through the Chief of Engineers) deems necessary 
and advisable in connection with the segment designated by this paragraph 
and (ii) for the operation and maintenance of all streambank stabilization 
structures constructed in connection with such segment (including both 
structures constructed before the date of enactment of this paragraph and 
structures constructed after such date, and including both structures con- 
structfd under the authnrify of this section and structures constructed 
under the authority of any other Act) : and 

"(B) permit access for such pumping and associated pipelines as may be 

necessary to assure an adequate supply of water for owners of land adjacent 

to such segment and for fish, wildlife, and recreational uses outside the 

river corridor established pursuant to this paragraph. 

The streambank structures to be constructed and maintained under subparagraph 

(A) shall include, hut not be limite<l to, structures at such sites as are specified 

with respect to such seement on pages 62 and 63 of the August 1977 Report, except 

that sites for such structures may be relocated to the extent deemed necessary 

by the Secretary of the Army (acting through the Chief of Engineers) by reason 



324 



51 

of physical changes in the river or river area. The S^ecretary of the Army (act- 
ing through the Chief of Engineers) shall condition the construction or mainte- 
nance of any streanibank stabilization structure or of any recreational river 
feature at any site under subparagraph (A) (i) upon the availability to the 
United States of such 'and and interests in land in such ownership as he deems 
necessary to carry out such construction or maintenance and to protect and 
f-nhance the river in accordance with the purposes of this Act. Administration of 
(he river segment designated by this paragraph shall be in coordination with, and 
pursuant to the advice of a Recreational River Advisory Group which may be 
established by the Secretary. Such Group may include in its membership, rep- 
resentatives of the affected States and political subdivisions thereof, affected 
J'ederal agencies, and .such organized ))rivate groups as the Secretary deems 
desirable. Notwithstanding the authority to the contrary contained in subsection 
G(a) of this Act, no land or interests in land may be acquired without the con- 
sent of the owner: Provided, That not to exceed 5 per centum of the acreage 
within the designated river boundaries may be acquired in less than fee title 
without the con.sent of the owner, in such instance of the Secretary's determina- 
tion that activities are occnrring, or threatening to occur, thereon which consti- 
tute serious damage or threat to the integrity of the river corridor, in accordance 
with the values for which this river was designated. For purposes of carrying 
out the provisions of this Act with respect to the river designated by this para- 
graph, there are authorized to be appropriated not to exceed $21,000,000, for 
acquisition of lands and interests in lands and for development.". 

Subtitle B— Studies 

DESIGNATION OF THE GILA lUVER, NEW MEXICO FOR STUDY 

Sec 721. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(59) Gila, New Mexico. — Tlie main stem from the Arizona-New Mexico 
border, but excluding the authorized Hooker Reservoir site or any alternative 
suitable to the requiremeuts of the Colorado River Basin Project Act (Public 
Law 90-537) ; the West Fork to its headwaters; the East Fork to the junction 
of Taylor and Beaver Creeks : and the Middle Fork from the junction of Galita 
and Willow Creeks to its confluence with the West Fork.". 

DESIGN.\TION OF THE KERN BIVER (NORTH FORK) FOR STUDY 

Sec. 722. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the follownng new paragraph at the fend thereof : 

"(60) Kern, California. — The main stem of the North Fork from its source 
to Isabella Reservoir excluding its tributaries.". 

DESIGNATION OF FlfE SHENANDOAH RIVER FOR STUDY 

Sec. 723. Section 5(a) of the Wild and Sc?nic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(61) Shenandoah, Virginia and West Virginia. — The main stem, the North 
Fork from Front Royal to Brocks Gap ; and the South Fork from Front Royal 
to Waynesboro.". 

designation of the loxahatchee river for study 



Sec. 724. Section 5(a) of the Wild and Scenic Rivers Act is amended by add- 
ing the following new paragraph at the end thereof : 

"(62) Loxahatchee, Florida. — ^The entire river including its tributary, 
North Fork.". 

designation OF the ogeechee river for study 

Sec. 725. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof: 
"(63) Ogeechee, Georgia. — The entire river.''. 



325 



52 

BESIOXATION OF CERTAIN SEGMENT OF THE SALT RIVER FOR STUDY 

Sec. 726. Section 5(a) of the Wild and Scenic Uivers Act i.s amended by adding 
the followinK new paragraph at the end thereof : 

'•(64) Salt. Arizona.- The main stem from the confluence of the White and 
Blaclc Rivers to Arizona Highway 288.". 

DESIGNATION OF GILA RIVER (ARIZONA) FOR STUDY 

Sec. 727. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof: 

••(6r>) Gila, Arizo.na.— The main stem from U.S. Highway 666 to head of 
Safford Valley.". 

DESIGNATION OF THE VERDE RIVKR FOR STUDY 

Sec 728. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(66) Verde, Arizona. — The main stem from the Prescott National Forest 
boundary near Paulden to the vicinity of Table Mountain, approximately 14 miles 
above Horseshoe Reservoir, except for the segment not included in the national 
forest between Clarkdale and Camp Verde, North segment.". 

DESIGNATION OF THE SAN FRANCISCO RIVER FOR STUDY 

'Sec. 729. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(67) San Francisco. Arizona. — The main stem from confluence with the Gila 
upstream to the Arizona-New Mexico border, except for the segment between 
Clifton and the Apache National Forest. '. 

DESIGNATION OF FISH CREEK FOR STUDY 

Sec. 730. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(68) Fish Creek, New York. — The entire East Branch.". 

DESIGNATION OF BLACK CREEK FOR STUDY 

Sec 731. Section 5(a) of the Wild and Scenic Rivers Act is amended by add- 
ing the following new paragraph at the end thereof : 

"(69) Black Creek, Mississippi. — The segment from Big Creek Landing in 
Forrest County downstream to Old Alexander Bridge Landing in Stone County.". 

designation of the SHEEPSCOTT river for STUDY 

Sec 732. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(70) Sheepscott, M.une. — The main stem from and including its head waters 
to the village of Sheepscott including the West Branch.". 

designation of the cacapon river for study 

Sec 733. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 
"(71) Cacapon, West Virginia. — The entire river.". 

DESIGNATION OF THE MADISON RIVER FOR STUDY 

Sec 734. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(72) Madison, Montana. — The main stem from Earthquake Lake to Ennis 
Lake.". 

DESIGNATION OF THE ESCATAWPA RIVER FOR STUDY 

Sec 735. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
at the end thereof : 

"(73) EscATAWPA, Alabama and Mississippi. — The segment upstream from a 
point approximately one mile downstream from the confluence of the Escatawpa 
River and Jackson Creek to a point where the Escatawpa River is joined by the 



326 



53 

Yellowstone Branch in Washington County, Alabama, near the town of Deer Park, 
Alabama ; and the segment of Brushy Creek upstream from its confluence with 
the Escatawpa to its confluence with Scarsborough Creek.". 

DESIGNATION OF THE MYAKKA BIVEB FOB STUDY 

Sec. 736. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 
"(74) Myakka, Florida. — The entire river.". 

DESIGNATION OF SOLDIEE CBEEK FOB STUDY 

Sec. 737. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(7) Soldier Creek. Alabama. — The segment beginning at point where 
Soldier Creek intersects the south line of section 31, township 7 south, range 6 
east, downstream to a point on the south line of section 6, township 8 south, range 
6 east, which point is 1,322 feet west of the south Une of section 5, township 8 
south, range 6 east in the county of Baldwin, State of Alabama.". 

designation of BRAZOS BIVER FOB STUDY 

Sec. 738. Section 5(a) of the Wild and Scenic Rivers Act is amended by adding 
the following new paragraph at the end thereof : 

"(76) Brazos Rivee, Texas. — The segment beginning at the point where Fram 
Road 4 crosses the Brazos River downstream to the Parker County line.". 

AUTHOBIZATION FOB STUDIES 

Sec 739. Paragraph (3) of section 5(b) of the Wild and Scenic Rivers Act is 
redesignated as paragraph (4) and is amended by striking out "$2,175,000" and 
substituting "$4,060,000". Such paragraph is further amended by adding the 
following at the end thereof: "There are authorized to be appropriated for the 
purpose of conducting the studies of the rivers n^med in subparagraphs (59) 
through (76) such sums as may be necessary." 

STUDY PEBIOD 

Sec. 740. Section 5(b) of the Wild and Scenic Rivers Act is amended by insert- 
ing the following new paragraph after paragraph (2) : 

"(3) The studies of the rivers named in paragraphs (59) through (76) of sub- 
section (a) shall be completed and reports submitted thereon not later than five 
full fiscal years after the date of the enactment of this paragraph. The study 
of rivers named in paragraphs (64) through (67) of subsection (a) shall be 
completed and the report thereon submitted by not later than April 1981.". 

Subtitle C — Authorizations for Funding 

eleven point biveb 

Sec. 751. Section 16(a) of the Wild and Scenic Rivers Act is amended by strik- 
ing out "E'even Point, Missouri, $4,906,500" and substituting "Eleven Point, Mis- 
souri, $10,407,000". 

bogue biveb 

Sec 752. Section 16(a) of the Wild and Scenic Rivers Act is amended by 
striking out "Ro<;ue. Oregon, $12,447,200" and substituting "Rogue, Oregon, 
$15,147,000". 

saint cboix biveb 

Sec 753. (a) Section 16(a) of the Wild and Scenic Rivers Act is amended by 
striking out "Saint Croix. Minnesota and Wisc^n.sin. $11,768,550" and substitut- 
ing "Saint Croix. Minnesota and Wi.scon.sin, $21,769,000". 

(b) Section 16(b) of the Wild and Scpnic Rivers Act is amended by inserting 
the following before the period at the end thereof ", except in tlie case of the 
Saint Croix River in Minnesota and Wisconsin". 



327 



54 

(c) Section 6(b) of such Act is nmended by addinR the following at the end 
thereof: "This subsection shall not apply in the case of the Saint Croix River 
in Minnesota and Wisconsin.". 

SALMON RIVER 

Sec. 754. Section 16(a) of the Wild and Scenic Rivers Act is amended by 
striking out "Salmon, Middle Fork, Idaho, .$1,237,1(X)" and substituting "Salmon 
Middle Fork. Idaho, $1,837,000 '. 

CHATTOOGA RIVER 

Sec. 755. Section 3(a) (10) of the Wild and Scenic Rivers Act (relating to the 
Chattooga River in North Carolina, South Carolina, and Georgia) is amended 
by striking out "$2,000,000" and inserting in lieu thereof "$.>,200,000". 

Subtitle D — Amendments to Public Law 90-542 

TECHNICAL AMENDMENTS 

Sec 761. Section 2(a) of the Wild and Scenic Rivers Act is amended by 
striking out "without expense to the United States" and by adding the follow- 
ing at the end thereof: "Upon receipt of an application under clau.se (ii) of this 
subsection, the Secretary shall notify the Federal Energy Regulatory Commis- 
sion and publish such application in the Federal Register. Each river designated 
under clause (ii) shall be administered by the agency or political subdivision 
thereof without expense to the United States other than for administration and 
management of federally owned lands. For purposes of the preceding sentence 
amounts made available to any State or political subdivision under the I>and 
and Water Con.servation Act of 196^ or any other provision of law shall not be 
treated as an expen.se to the T'nited States. Nothing in this subsection shall be 
construed to provide for the transfer to. or administration by, a State or local 
authority of any federally owned lands which are within the boundaries of any 
river included within the system under clause (ii).". 

FEDERAL LANDS ; COOPERATIVE AGREEMENTS 

Sec 762. Section 12(a) of the Wild and Scenic Rivers Act is amended by 
striking out the first sentence thereof and substituting : "The Secretary of the 
Interior, the Secretary of Agriculture, and the head of any other Federal de- 
partment or agency having jurisdiction over any lands which include, border 
upon, or are adjacent to, any river included within the National Wild and 
Scenic Rivers System or under consideration for such inclusion, in accordance 
with section 2(a) (ii), 3(a), or 5(a), shall take such action respecting manage- 
ment ix)licies, regulations, contracts, plans, permits. Federal assistance and other 
Federal actions affecting such lands as may be neces.sary to protect such rivers 
in accordance with the purposes of this Act. Such Secretary or other department 
or agency head shall, where appropriate, enter into written cooperative agree- 
ments with the appropriate State or local official for the planning, administra- 
tion, and management of Federal lands which are within the boundaries of any 
rivers for which approval has been granted under section 2(a) (ii).". 

EXCHANGE OF STATE LANDS 

Sec 763. The second sentence of .section 6(a) of the Wild and Scenic Rivers 
Act is amended by inserting "or exchange" after "donation". 

LEASE OF FEDERAL LANDS 

Sec. 764. The Wild and Scenic Rivers Act is amended by adding the following 
new section after section 14 : 

"Sec. 14A. (a) Where appropriate in the di.scretion of the Secretary, he may 
lea.se federally owned land (or any interest therein) which is within the bound- 
aries of any component of the National Wild and Scenic Rivers System and 
which has been acquired by the Secretary under this Act. Such lease .shall be 
subject to such restrictive covenants as may be necessary to carry out the pur- 
poses of this Act. 



328 



55 

"(b) Any Federal land leased by the Secretary under subsection (a) shall not 
be treated as — 

"(1 ) acquired land for purposes of the 100 acre per mile limitation con- 
tained in paragraph (1) of section 6(a), or 

"(2) as land owned by the United States for purposes of the 50 per centum 
limitation contained in section 6(b). 
"(c) Any land to be leased by the Secretary under this section shall be offered 
first for such lease to the person who owned such land immediately before its 
acquisition by the United States.". 

STUDY OF FEDERALLY OWNED RIVERS 

Sec. 765. Section 5 of the Wild and Scenic Rivers Act is amended by adding 
the following new subsection at the end thereof : 

"(e) (1) Not later than one year after the date of the enactment of this sub- 
section, the Secretary of the Interior and the Secretary of Agriculture shall 
jointly promulgate guidelines for the conduct of studies under this subsection by 
each such Secretary and by each department or agency of the United States 
having primary authority for the management of federally owned lands. 

"(2) Each such Secretary and the head of each such department or agency 
shall expeditiously carry out studies (pursuant to the guidelines established 
under paragraph (1) ) and shall submit to the President (pursuant to a sched- 
ule established by such Secretary or department or agency head, as. the case may 
be) reports on the suitability or nonsuitabillty for inclusion in the National 
Wild and Scenic Rivers System of all rivers (or sections thereof) which are 
within (or substantially within) the exterior boundaries of any area managed 
by such Secretary or other department or agency head. 

"(3) The President shall promptly upon his receipt of each report under 
paragraph (2) report to the Congress his recommendations and proposals with 
respect to the inclusion of each such river or section in such System. 

"•(4) Each river (or section thereof) recommended by the President for in- 
clusion in the National Wild and Scenic Rivers System under this section shall be 
included in such System, pursuant to the terms of such recommendation, and 
treated for purposes of this Act and other applicable law as a river listed in sec- 
tion 3(a) unless within 120 days from the date such recommendation is sub- 
mitted to Congress, such recommendation is disapproved by a joint resolution.". 

miscellaneous technical AMENDMENTS 

Sec. 766. (a) Section 3(b) of the Wild and Scenic Rivers Act is amended by 
inserting after "one year from the date of this Act" the following: "(except 
where a different date is provided in subsection (a ) ) ". 

(b) Section 6(g)(3) of such Act is amended by inserting after "January 1, 
1967," the following "(except where a different date is specifically provided by 
law with respect to any particular river) ". 

AMENDMENTS REGARDING CERTAIN COMPLEMENTARY AUTHORITIES 

Sec. 767. (a) Section 4(b) of the Wild and Scenic Rivers Act is amended 
by inserting "the Secretary of the department in which the Coast Guard is 
operating," between "the Secretary of the Army," and "the Chairman of the 
Federal Power Commission". 

(b) Section 10 of such Act is amended by adding the following new subsection 
at the end thereof : 

"(f) Any management, administration, and regulation concerning boating 
and other activities, on or relating to, waters located within areas of the 
National Wild and Scenic Rivers System, including water sul)ject to the 
jurisdiction of the United States, shall be complementary to, and not in deroga- 
tion of, the authority of the Coast Guard relating to waters subject to Ihe 
jurisdiction of the United States. No structure or facility shall be Installed by 
the Coast Guard in these areas without coordination with the Secretary of the 
Interior or the Secretary of Agriculture, as may be appropriate.". 

(c) Section 12(c) of such Act is amended by inserting ", the Secretary of 
the department in which the Coast Guard is ooerating," between "the Secretary 
of the Interior" and "and with the appropriate State water pollution contnil 
agencies". 



329 



56 



Purpose 

The purpose of U.K. 12536 ', as reported by the Committee on In- 
terior and Insular Affairs is : 



» H R. 12536 was Introduced by Representative Phlllln Burton *nd was cosponsored by 
Representatives I'dall, Sebelius, Kastenmeler, Blupliam. Won I'at, de Ljgo, Byron. Tsoneas. 
Florlo. Mathls. Krebs, Lagomarslno. Kostmayer. Corrada, Murphy of Pennsylvania, Heftel, 
Selberllng. Kazen, Weaver, Miller of California, Belleusoii, and Vento. 

Also before the Commltti^e diirlne Its deliberations were the followlns bills. H.R. 172. 
Introduced by Representative Bafalls ; H.R. 173, Introduced by Representative Bafalls ; 
HR 19.5 liitroduced bv Representative Bingham; H. J. Res. 301. Introduced by Mr. 
Ottlnger ; H.R. 320. Introduced bv Representative de la Garza: H.R. 380, Introduced by 
Representatives Goldwater and Lagomarslno; H.R. 424, Introd.iced by Representative 
Kazen H.J. Res. 651, Introduted by Representatives Koch and Bingham ; H.R. 704. Intro- 
duced by Representative White; H.R. 160S, Introduced by Delegate Won Pat; H.R. 1705. 
HR 1707, H.R. 1711, H.R. 1714, H.R. 1715. H.R. 171S. H.R. 1719. H.R. 1724, and H.R. 
1727, Introduced by Representative Sebelius, H.R. 1771. Introduced by Representatives 
Krebs Phillip Burton, Kastenmeler. Moss, Roybal. Anderson of California. Selberllng, 
Edwards of California, Long of Louisiana. Charles Wilson of California. Brown of Califor- 
nia, Dellums. Carr, Koch, McCloskey, Stark, .Tohn Burton. Hannaford. Lloyd of California, 
Miller of California. Mlneta, Patterson of California. Waxman, Bellenson, and i'anetta : 
H R. 1772. Introduced by Representatives Krebs. Van Deerlln, Reuss, Bingham. Mlkva. 
Simon Holtzman. Roe, Dodd, Rangel, Harkln. Schroeder. Baucus. Weaver. McHugh. Ot- 
tlnger. BadlUo. Traxler. Harris, Solarz, Heftel. Weiss, and Akaka ; H.R. 1S81. Introduced 
by Representative Murphv of New York; H.R. 2426. Introduced by Representative Ellberg : 
H.R. 2546. Introduced bv Representative I'dall ; H.R. 2875. Introduced by Representative 
Udall; H.R. 3157. Introd iced by Representative Forsythe ; H.R. 3471. Introduced by Rep- 
resentatives Andrews of North Dakota and Marlenee ; H.R. 4354. introduced by Representa- 
tives Krebs. Kraser, Mathls. Charles Wilson of Texas. Eckhardt, Roncallo, Runnels. Bonker, 
Sharp, Tsongas, de Lugo. Won Pat. Burke of Florida, and Murphy of Pennsylvania : H.R. 
4462, introduced by Representatives Stark. Charles Wilson of Texas. Solarz. Eckhardt. 
Eraser and Conte ; H.R. 4463. Introduced bv Representatives Stark. Brown of California, 
Miller of California, Phillip Burton. Badlllo, Boggs. Burke of Florida. Burke of California. 
Carr. Dell.ims. de Lugo. Downey, Edgar. Edwards of California. Harris. Moakley. Mlneta. 
Moffett. Moorhead of Pennsvlvania. Richmond. Roybal. Ryan. Srheuer. Selberllng and 
Slraon ; H.R. 6389. Introduced by Representative I':dwards of Alabama ; H.R. 6403, Intro- 
duced bv Representative Kostmayer; H.R. 6625. Introduced by Representatives Florlo, 
Phillip Burton, Patten. Rodino. Thompson. Rlnaldo. Fenwlck. Meyner. Mlnlsh. Howard, 
HoUenbeck and Maguire ; H.R. 6629. introduced by Representative Lott : H.R. 7264. Intro- 
d iced bv Representative Bellenson ; H.R. 7469. Introduced by Representatives Krebs. Ryan. 
Holtzman, D'Amours. Kostmayer and Mlkulski : H.R. 7909. Introduced by Representatives 
Dicks. Symms. and Hansen : H.R. 7965. Introduced by Representative Latta : H.R. 7981, 
Introduced by Representatives Kostmayer. Phillip Burton. Meyner. Fenwlck. Ertel. Bellen- 
son. Simon. Stark. McCloskev. Holtzman, Krebs, Eraser. Murphy of Pennsylvania. Selber- 
llng. Ottlnger. Edgar. Badlllo. Waxman. Weiss. Bingham. Miller of California. Brodhead, 
Luken. Carr and Cavanaugh ; H.R. 8132. introduced by Representative Broyhill ; H.R. 
8.3*6. Introduced by Representative T'llman ; H.R. 8487. Introduced by Representative 
Gradlson ; H.R. 8781. Introduced bv Representatives Bellenson. Anderson of California. 
Badlllo. Bingham. Brown of California. Burke of California. Cornian. Dellums. Dornan. 
Edwards of California, Goldwater. Hannaford. Harrington. Hawkins. Holtzman. and 
Jeffords ; H.R. 8782. introduced bv Representatives Bellenson. Johnson of California. Krebs. 
Leggett. Llovd of California. McCloskey. McFall. Miller of California. Moss. Patterson of 
California. Rodino. Roybal. R.van, Seiberling. Slsk. Van Deerlln. and Waxman : H.R. 8865. 
Introduced bv Representatives Kostmayer, Pease, Studds, Weaver, Maguire. Nolan. Wirth, 
Markev. Moffett. Tsongas and Gllcknian : H.R. 8953. Introduced by Representative Steers ; 
H.R. 9209. Introduced by Representative Bennett; H.R. 926.1. Introduced by Representa- 
tives Broyhill. Martin. Jones of North Carolina. Fountain. Whitley, Neal. r*reyer. Qulllen, 
Duncan of Tennessee. Davis. Mann. Holland. Butler. Wampler and Spence ; H.R. 9461, 
Introduced by Representatives Broyhill. Hefner, Llovd of Tennessee. Whitehurst. Satter- 
field. Robert Daniel. Jr.. Dan Daniel, and Gudger ; H.R. 9480. introduced bv Representa- 
tive Skubltz; H.R. 9481. Introduced by Representative Taylor; H.R. 9601. Introduced by 
Representatives Skubltz. I'dall and Sebelius : H.R. 9630. lntrod\iced by Representatives 
Skubltz. Smith of Nebraska. Brlnkley. Fascell. McKay. Baucus. Slkes.- Staggers. Flthlan. 
Brademas, Murphy of New York, Steers. Byron. Marriott, Gudger. Lagomarslno. Lujan. 
Qulllen. Jones of North Carolina, Andrews of North Dakota. Marlenee. Roncallo. Y'oing of 
Alaska, Taylor and Bauman ; H.R. 9631. Introduced by Representatives Skubltz. Don H. 
Clausen. Holt, Johnson of California. Meeds. Chanpell, Frey. White. Lott. Latta. Hlghtower. 
Holland. Nichols. Gradlson. Fauntrov. and I.#derer ; H.R. 9696. Introduced bv Representa- 
tive Brlnkley; H.R. 9752. introduced by Representatives Broyhill and Gudger; H.R. 9840. 
introduced bv Representative Moaklev ; H.R. 9855. Introduced bv Representative Vento ; 
H.R. 9993. Introduced by Representative Lott ; H.R. 10215. Introduced by Representatives 
Brovhlll. Rose, and Andrews of North Carolina; H.R. 10241. Introduced bv Representative 
McDade : H.R. 10425. Introduced by Representative Frenzel ; H.R. 10481. Introduced by 
Representative Carr: H.R. 10914. Introduced bv Representatives Carr. Blanchard. Bonlor. 
Brodhead. Convers. DIggs. Ford of Michigan. Klldee. Nedzl. and Traxler ; H.R. 11131. Intro- 
duced by Representative McHugh; H.R. 11166. Introduced bv Representative McKav : H.R. 
11268. Introduced by Representatives Brovhlll, Robinson, and Trlble : H.R. 11419. Intro- 
duced by Renresentatlve Marriott: H.R. 11497. introduced by Representative Vento: H.R. 
11522. Introduced bv Representative Bennett: H.R. 11743. introd'iced bv Representatives 
McHugh. McDade. Oilman. Bingham. Kostmayer and Fenwlck: H.R. 11775. Introduced by 
Representatives Udall. Sebelius. and Seiberling; H.R. 12095. Introduced by Representatives 
Lagomarslno and Goldwater ; H.R. 12099. introduced by Representative Murphy of New 



330 



57 



(1) To provide for increased development ceilings for selected 
units of the National Park System and related national recreation 
areas; (2) To provide for increased land acquisition ceilings for the 
National Park System and related national recreation areas; (3) To 
proAade for boundary adjustments to units of the National Park Sys- 
tem : (4) The designation of specific lands within certain units of the 
National Park Sytem to be managed in accordance with The Wilder- 
ness Act of 1964 ; 

(5) To establish new units in the National Park and National Trails 
System, and related national recreation areas; (6) To establish units 
of the national Wild and Scenic River System and to provide for 
the study of certain other rivers; (7) To amend certain provisions of 
existing National Park and related legislation to improve their re- 
spective administration; and (8) To provide for studies of certain 
areas as possible park or recreation areas. 

Background 

The Congress has, as established procedure, long considered com- 
prehensive legislative treatment of subject matter areas as efficient 
means to accomplish national objectives. The committee has included 
numerous individual bills and administration proposals in H.R. 12536 
to permit congressional consideration of comprehensive legislation 
rather than considering individual bills, in the same subject area, on 
a piece-meal unrelated basis. 

Title I includes authorizations for development ceiling increases 
that are legislatively controlled. The committee finds that there has 
been adequately demonstrated a need for and a justification of the 
timeliness of authorizing these ceiling increases to permit the con- 
struction of recreational access and facilities to serve the ever-increas- 
ing numbers of recreation users. 

Title II reflects the committee's views on increases in land acquisi- 
tion funding authority. Congressional control of funding authority 
for land acquisition within National Parks and recreation areas re- 
quires periodic action by the committee to assure authority is com- 
mensurate with the continuing increases in land costs. 

Title III includes authorization for the Secretary of the Interior 
to acquire limited additional lands or interests in lands and to dispose 
of certain other lands at existing units of the National Park System. 

The committee has sought to achieve an efficient balance between 
the need to require sufficient lands or interests in land to protect the 
national treasures within these parks and the need to limit acquisition 
of land by the Federal Government. 

Title IV designates certain lands within existing National Park 
System units to be managed for preservation of their outstanding 



York : H.R. 12174. Introd'ioed bv Rppresentatlve Robert Daniel Jr. ; H.R. 1232.''. Intro- 
duced by Representatives Brovhlll. Ginn and Evans of Genrda : H.R. 12364. Introduced by 
Delecate Won Pat : H.R. 12365. lntrod'ire<l bv l>lp(;ate Won I'at : H.R. 12379. Introduced 
bv Representatives Phillip Burton. Udall. Skubltz. Sebellns. Selberltne. Don H. Cliiusen. 
Btneham. I>uj«n. Meeds. Roncallo Miller of California. Krebs, Santlnl, Vento. Murphy 
of Peiinsvlvanla. Raball. Gud^er. John Burton. Florlo. Carr. Maculre. Kastennieler. Dicks 
and Kokhardt : H.R. 1230.S. Introduced bv Representative ITllman : H.R. 12433. Introduced 
bv Representative Meeds; H.R. 12434. Introduced bv Representatives Bellenson. Bedell. 
Bonlor. Downey. Panetta. Murphv of Pennsylvania. Nolan, Richmond. Simon. Stark and 
Weiss ; and H.R. 12550, introduced by Representative Meeds. 



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58 



natural values. The committee action to recognize the potential for 
degradation of these values through ovonise by the public or well 
intended but destructive recreation development i)y the National Park 
Sen'ice was balanced by concerns expressed that such action would 
unduly limit recreation use in some areas. 

Title V establishes new units of the National Park and National 
Trail Systems which the committee believes to be essential additions 
to these' national programs. Timely action to preserve portions of our 
heritage, both historical and natural, within the states and insular 
areas is needed to assure these resources are not lost through adverse 
actions by special interest groups. 

Title VI groups miscellaneous provisions, technical policy changes, 
and certain area studies that the committee found to be needed as 
guidance to the executive branch. 

Title VII includes additions to the Wild and Scenic Rivers Act re- 
sponsive to the President's environmental message. The committee 
balanced the administration request with public input in an attempt 
to achieve the best possible national program for maintaining ex- 
amples of diverse natural river systems and authorizing some addi- 
tional studies. The committee also made minor changes to the Wild 
and Scenic Rivers Act to assist the States in implementing their Wild 
and Scenic River programs. 

Sectiox -BY- Section Analysis 

TITIJE I 

Section 101 of H.R. 12536 authorizes increases in the limitations on 
funds for development at a number of units of the National Park Sys- 
tem and affiliated areas. In doing so. the bill offers statutory authoriza- 
tion for certain units where the authorized development ceiling was 
exceeded through funds granted by the Congress as supplemental ap- 
propriations to the Department of the Interior for the 1977 fiscal 
vear — known as the President's "Land Heritage'" bill. It is recog- 
nized that several of the developments covered by the fimds authorized 
by H.R. 12536 may already have started construction or have been com- 
pleted due to the 1977 supplemental appropriation beinff expended. 

Sec. 101(1) of H.R. 12536 changes the development limitation for 
Agate Fossil Beds National Monument by $170,000 to a new limitation 
of $2,012,000. This funding will permit completion of the construction 
of the visitor center-administration building, and planninj? for an 
interpretive shelter and access trail at the Carnegie Hill-University 
Hill fossil site. 

Sec. 101 [2) of the bill increases the authorized development limita- 
tion for Andersonville National Historic Site by $600,000 to a new 
authorization of $2,205,000. The bill recognizes the inroads that infla- 
tion has made upon the buying power of the dollar by stating that 
the revised development costs are reflected as of October 1978 prices. 
The increased authorization will fund the construction of an informa- 
tion center with related utilities; roads and parking- : reconstruction of 
part of the prison stockade ; completion of the planning for the park 
tour roads ; and improvement of access and safety regarding the State 



38-854 O - 79 - 22 



332 



59 



highway and relocation of utility lines. The committee expects the 
Secretary of the Interior to enter into an agreement with tlie State 
of Georgia concerning the improvements to be made to the State high- 
way. 

At Andrew Johnson National Historic Site, section 101(3) of the 
bill changes the development limitation by $20,000 for a new ceiling 
of $286,000. This will permit completion of the restoration of the 1831 
House. 

Sec. 101 {A) increases the authorized development limitation for 
Biscayne National jSIonument by $3,665,000 to a new authorization of 
$6,656,000. The increase will permit construction of the mainland visi- 
tor center/administration complex at Convoy Point in Homestead 
Bayfront Park; the replacement of the utility system and dock at 
Adams Key ; and facilitate planning for a visitor contact station and 
maintenance facility on Elliott Key. 

Sec. 101(5) of H.K. 12536 changes the authorized development ceil- 
ing for Canaveral National Seashore by $1,400,000 to a new limitation 
of $1,900,000. This will increase the ceiling by the amount requested 
for the fiscal year 1979 budget. The committee notes, however, that 
the enabling legislation for the National Seashore required a manage- 
ment plan, including proposed developments, to be submitted by Jan- 
uary 1978. This plan is now overdue. The committee expects that the 
National Park Service will make ever effort to complete this required 
document at the earliest possible date, and therefore allow the com- 
mittee to review any proposed developments anticipated for this area. 

The development ceiling at Cape Lookout National Seashore is 
increased in section 101(6) of the bill by $2 million for a new ceiling 
of $4,935,000. While the committee has authorized the funds requested 
for the coming fiscal year, the management plan required by statute 
for this area is also overdue. This plan should also be brought to com- 
pletion as soon as possible, in fulfillment of the legislative intent to 
permit a review of any planned developments for this fragile barrier 
island. 

For Capitol Reef National Park, section 101(7) of H.R. 12536 in- 
creases the authorized development limitation by $320,000 to a new 
limitation of $1,373,000. The inflationary influences of the economy are 
also offset by relating the development costs to October 1978 prices. The 
increased authorization Avill permit the construction of a new sewage 
system at the park headquarters development; extension of utility 
buildings ; campground expansion ; and planning for construction of 
developments in two ranger districts. 

Sec. 101 (8) of the bill changes the authorized development limita- 
tion at Carl Sandburg Home S'ational Historic Site by $1,010,000 for 
a new authorization of $1,962,000. This increase will permit the con- 
struction of a visitor orientation facility; the planning and installa- 
tion of interpretive devices in the Sandburg Home; the restoration of 
two historic lakes; and facilitate further preservation efforts of the 
historic properties. 

At Channel Islands National Monument, section 101(9) of H.R. 
12536 changes the development ceiling by $880,000 for a new ceiling 
of $6,332,000, This will permit construction of a new ranger station 
and acquisition of a new patrol boat. 



333 



60 



Sec. 101 {10) of the bill changes the authorized development limita- 
tion for Cowpens National Battleground Site by $2 million to a new 
limitation of $5,108,000. This increase will permit the completion of 
construction for a visitor center and associated utilities, roads, trails 
and landscaping : completion of the tour road ; shelters and exhibits. 

For De Soto National Memorial, section 101 (11) of the bill increases 
the development ceiling by $117,000 for a new ceiling of $292,000. The 
increase will permit the construction of a maintenance facility. The 
committee deleted requested funding for a branch nourishment proj- 
ect at this area, however, and requests the National Park Service to 
provide the committee with a review of the consequences of this pro- 
posed action before requesting additional funds to commence such 
a project. 

Sec. 101(12) of H.R. 12536 increases the authorized development 
limitation and acquisition ceiling by $618,000, and further identifies 
the authorization as consisting of $1,043,000 for development and 
$85,000 for development. The increase will provide for completion of 
stabilization of historic adobe structures. 

Sec. 101(13) of H.R. 12536 will increase the development ceiling for 
Frederick Douglass Home by $937,000 to a new ceiling of $1,350,000. 
This will permit completing the construction of the visitor center and 
associated parking, walks and landscaping. 

At Grant Kohrs Ranch National Historic Site, section 101(14) of 
the bill increases the development limitation by $275,000 for a new 
limitation of $2,075,000. The new development ceiling will permit 
stabilization and restoration of the historic ranch house and outbuild- 
ings ; facilitate the planning for furnishing the historic buildings ; and 
the construction of a water main for connection to the water system of 
Deer Lodge, Mont. 

Sec. 101 (16) of the bill authorizes an increase in the development 
limitation for Guadalupe Mountains National Park by $14,353,0(X) to 
a new authorization of $24,715,000. The increase will provide for the 
construction of a visitor services complex and park headquarters 
facilities ; employee housing ; trails and roads. 

Sec. 101(16) of H.R. 12536 will authorize an increase in the develop- 
ment limitation for Gulf Islands National Seashore by $7,450,000 for 
a new authorization of $25,224,000 for development. The bill also recog- 
nizes changed economic conditions since the original authorization in 
1971 by relating the new limitation to October 1978 prices. The increase 
will provide for additional visitor services and administrative facili- 
ties, including but not limited to the replacement of substandard water 
systems; the stabilization and rehabilitation of historic structures; 
the construction of visitor facilities at the Pensacola Forts; the con- 
struction of visitor center/administrative facilities and related roads, 
parking, utilities and landscaping, both at Davis Bayou, Mississippi, 
and at Naval Live Oaks, Fla. ; and for the planning of a boat harbor 
and channel protection at Ship Island. 

At Harper's Ferry National Historical Park, Section 101 (17) of the 
bill will increase the authorized limitation on development by $5,695,- 
000 for a new authorization of $14,385,000. This will permit the con- 
struction of a visitor contact facility and transportation system ter- 
minal; the stabilization and restoration of certain historic buildings; 
the completion of a preservation study of other historic buildings; and 
the development of a pedestrian crossing of the Potomac River. The 



334 



61 



committee notes that the National Park Service has considered several 
options for providing a safe means for visitors to the historical park 
and hikers to cross the river. AVhile the selection of a specific option 
is left with the agency, the committee expects this access to be provided 
at an early date. 

Sec. 101(18) of H.R. 12536 increases the development ceiling for 
Hubbell Trading Post National Historic Site by $25,000 to a new 
ceiling of $977,000. This will permit the installation of fire suppression 
equipment for the historic house ; the preservation of historic furnish- 
ings and equipment ; and planning for employee housing. 

At Indiana Dunes National Lakeshore, section 101 ( 19 ) of the bill will 
increase the development limitation by $940,000 to a new limitation 
of $9,440,000. The bill will thus provide for the construction of visitor 
facilities and contact stations at West Beach and Pinhook Bog; the 
planning and production of interpretive exhibits at Bailly and West 
Bend ; the interior restoration at Bailly Homestead ; and the planning 
for future development at Cowles Bog. 

For John Muir National Historic Site, section 101 (20) of H.R. 12536 
will change the authorized development limitation by $2,109,000 to a 
new authorization of $224,000 for land acquisition and $2,185,000 for 
development. The increase will permit further historic preservation 
efforts at the site ; the restoration and relocation of the historic Car- 
riage House and Windmill ; the expansion of the visitor center ; park- 
ing and grounds improvement. 

At Fort Scott Historic Site, section 101(21) of H.R. 12536 will 
change the authorized development ceiling by $750,000 to a new ceiling 
of $2,750,000. The increase will permit further restoration work at 
Fort Scott. 

Sec. 101 (22) of the bill authorizes $2 million for planning, site re- 
habilitation and development at Piscataway Park, all to be accom- 
plished in accordance with a plan which adheres to architectural de- 
sign in keeping with the colonial period. Funds are also included for 
the restoration of the Marshall Hall tract. 

For Longfellow National Historical Site, section 101(23) of H.R. 
12536 authorizes an increase in the development limitation by $76,000 
to a new authorization of $662,000. Increased construction costs are 
recognized by relating the development limitation to October 1978 
prices. 

Sec. 101(24) of the bill will increase the development limitation for 
Pecos National Monument by $1,875,000 to provide for the construc- 
tion of a headquarters/visitor services complex and wayside inter- 
pretive exhibits. 

Sec. 101(26) of H.R. 12536 will increase the authorized development 
limitation for Perry's Victory and International Peace Memorial by 
$4,150,000 to a new^ limitation of $9,327,000. This will permit the re- 
habilitation of the Memorial Column ; the planning and construction 
of a visitor center and administration building, construction of em- 
ployee housing; a sewage treatment facility; and an approach mall to 
the Memorial Column. 

Sec. 101 (26) of the bill authorizes appropriations of $5 million for 
development of visitor facilities at Redwood National Park, in addi- 
tion to other sums tliat may have l)een made available for that purpose. 
Th*^ Committee notes that this increase may be used in conjunction 
with recent expansion of the park to improve the visitor opportunities 



335 



62 



in the area. While further development will occur following comple- 
tion of a required manaj2;ement plan, this initial amount should be use- 
ful in the near future to accomplish such objectives as improving: 
visitor acceSvS to the Tall Trees Grove. 

At San Juan National Historical Park, section 101(27) of H.R. 
12536 increases the authorized development ceiling by $2,033,000 to 
a new authorization of $5,575,000. This will permit the stabilization of 
historic structures in American Camp and English Camp; the con- 
struction of an administrative and maintenance building; improve- 
ment of the water supply ; and campground development at English 
Camp. 

Sec. 101 {28) of H.R. 12536 will increase the development limitation 
for Sitka National Monument by $880,000 to a new limitation of 
$1,571,000. The bill recognizes increased construction costs by relating 
the new limitation to October 1978 prices. This will provide for con- 
nection of the visitor center sewage system to the proposed city sewage 
system ; stabilization and restoration of the Russian Mission ; and for 
a stud}' of the restoration and possible adaptation of the Russian Mis- 
sion School Building. 

Sec. lot {29) of the bill authorizes an increase in the development 
limitation for Statue of Liberty National Monument by $28 million to 
a new authorization of $34 million. This will provide for developments 
on Ellis Island, including rehabilitation of the historic main building; 
rehabilitation of the seawall and walks; and construction of a sewage 
system, and further restoration of the significant structures on the 
island. 

At Thaddeus Kosciuszko Home National Historic Site, section 
101(30) of H.R. 12536 will increase the development ceiling by $150,- 
000 for a new ceiling of $742,000. The increase will permit installation 
of humidifying equipment to protect historic furnishings, and to adapt 
part of the structiire as employee quarters for further protective 
measures. 

Sec. 101 {31) of the bill authorizes an increase in the development 
limitation for Tuskegee Institute National Historic Site by $140,000 
to a new limitation of $2,862,000. This will permit rehabilitation of 
historic buildings, including Grey Columns, the Booker T. Washing- 
ton Home, and the Carver Museum ; relocation of the road through the 
historic district; construction of a parking area; and planning and 
installation of interpretive devices and exhibits. 

At Whiskeytown-Shasta-Trinity National Recreation Area, section 
101 (32) of H.R. 12536 changes the authorized development limitation 
by $1,949,000 to a new authorization of $24,649,000. This increase pro- 
vides for improvements to the park water systems; planning for the 
future development of the Tower House Historic District ; construc- 
tion of a park headquarters/visitor center; and expansion of the Oak 
Bottom Campground. 

Sec. 101 {33) of H.R. 12536 will increase the authorized development 
limitation for William Howard Taft National Historic Site by $1,570,- 
000 to a new limitation of $1,888,000. This will permit rehabilitation of 
the Taft House ; the construction of a visitor contact station and utility 
system for the Taft House : and parking. 

Sec. 101 {34) of the bill authorizes an increase in the development 
ceiling for Wilson's Creek National Battlefield by $3,355,000 for a 



336 



63 



new authorization of $5,640,000. The increase will provide for con- 
struction of a headquarters/visitor center complex, including a mainte- 
nance building, employee housing, picnic area and roads; and con- 
struction of the tower road and historic site restoration. 



TITLE II 



Section 201 of the bill would provide for increasing the limitations 
of funds for land acquisition for the following park units : 

An increase of $1,500,000 is made in the land acquisition ceiling 
for the Apostle Islands National Seashore. 

The existing land acquisition ceiling for Big Cypress National 
Preserve of $116 million in Public Law 93-440 would be increased by 
$40,700,000 for a new ceiling of $156,700,000. 

The present acquisition is expected to be completely obligated in 
fiscal year 1979. Approximately 470,000 acres of the total authorized 
570,000 acres will have been acquired by this time. About 100,000 
acres will remain to be acquired, comprising approximately 20,000 
tracts with 50 improvements. The increased cost of acquisition is due 
to several factors: 

1. A substantially higher number of individual parcels to be ac- 
quired than originally estimated — from 20,000 to about 75,000. This 
is because of thousands of unrecorded parcels sold on contract for deed. 

2. A substantial increase in land values during the period between 
the original cost estimate and the enactment of Public Law 93-440. 

3. Numerous improvements constructed in the project area since 
enactment of Public Law 93-440. 

Public Law 92-237 of March 1, 1972, authorized an acquisition 
ceiling of $16,115,000 and an acreage limitation of 94,146 acres Buflfalo 
National River of which 65,112 acres has been acquired to date. On 
October 21, 1976, Public Law 94-578 amended the original acquisition 
ceiling to $30,071,500. However, when the cost estimates were prepared 
in 1975 for the ceiling increase, the estimates were calculated con- 
servatively. Therefore, lands that had been selling for $450 per acre 
in 1975 are now selling for $750 to $850 per acre. 

Since the authorizing legislation in 1972, there have been many 
improvements on the lands identified for acquisition thus increasing 
the fair market value. Current estimates have been reviewed, and it 
has been found that an increase of $9,876,000 will be needed for com- 
pleting the land acquisition program at Buffalo National River, which 
results in a new ceiling of ^9,948,000. 

Cumberland Island National Seashore was authorized by Public 
Law 92-536, October 23, 1972, with an acquisition ceiling of $10,500,000 
and an acreage limitation of 40,500 acres. In 1971 when a cost esti- 
mate was prepared for the proposed national seashore, the subject 
land was estimated to be worth approximately $500 to $1,000 per acre. 
Today the subject land is valued between ^,500 to $6,000 per acre 
for larger tracts and up to $18,000 for subdivision lots. Due to in- 
creasing values and increasing numbers of improvements through the 
project, the cost of the project has increased by $18 million to com- 
plete acquisition of the remaining 3,753 acres. Therefore, an increase 
of $18 million is required, thus bringing the acquisition ceiling to 
$28,500,000. 



337 



64 



Section 202 of the bill wmild provide authorization for increasing 
limitations on funds for land acquisition of Sawtooth National Recrea- 
tion Area, Idaho, by $28 million. Increases in land values within the 
area since the enactment of the enabling legislation in 1972 have re- 
sulted in the need for additional funds to be authorized to permit the 
U.S. Forest Service to complete the acquisition program for the area. 



titIjE ni 



Secti/yn 301 {1) authorizes $842,000 for the acquisition of some 622 
acres of land at Bent's Old Fort National Historic Site. These lands 
will serve to provide visitors safe and convenient access off of U.S. 
Highway 50 to the fort site and to protect the historic scene associated 
with this frontier outpost. 

Section 301 (2) will permit the addition of approximately 440 acres, 
comprising the historic Faraway Ranch to the Chiricahua National 
Monument in Arizona. It is the natural entrance to Bonita Canyon 
which is a major feature of the monument, and would complement the 
topography, geology and vegetation of the monument. The Faraway 
Ranch House spans 88 years of Arizona architecture. To carry out this 
expansion, $294,000 is authorized. 

Section 301 (3) adds approximately 3,040 acres and deletes 1,200 
acres of land from Coronadb National Memorial, Arizona. Enactment 
of this section will permit the exchange lands with Forest Service to 
provide ridgeline to ridgeline visual integrity; afford control of a 
road through the national forest and memorial now maintained by 
NFS ; control mining claims and protect against incompatible develop- 
ment of private lands; delete lands little used by visitors and that 
have hunting and trespass problems which can be more appropriately 
administered as part of the Coronado National Forest. Land acquisi- 
tion funds totalling $1,410,000 are provided for this purpose. 

Approximately 195 acres o,f lands are authorized by section 301(4) 
for addition to the Eisenhower National Historic Site in Pennsyl- 
vania, A sum of $166,000 is also authorized to reimburse the National 
Park Foundation, which had previously acquired these lands to pro- 
tect the historic scene at the site. 

Section 301 (5) of H.R. 12536 adds 10 acres of land to Fort Caroline 
National Memorial in Florida. To cover the cost of acquisition, $235,- 
000 are authorized. This additional land will provide trail access 
between the Spanish Pond and Ribault Monument portions of the 
memorial, as well as offer additional erosion protection for Ribault 
Monument. 

Section 301(6) adds approximately 1,065 acres to George Wash- 
ington Birthplace National Monument in Virginia. This action will 
prevent a change in use of the lands clearly visible from the main 
visitor use area of the monument. The area would retain the pastoral 
scene and restore the historic water activities of the Popes Creek Plan- 
tation that George Washington knew as a bov, thus contributing to 
the visitor's understanding and enjoyment of the monument. To carry 
out this section, $2,800,000 are authorized to be appropriated. 

Section 301(7) of H.R. 12536 authorizes the acquisition of 1,109 
acres of land for addition to the Great Sand Dunes National Monu- 
ment. This land is located in the northwestern area of the park and 



338 



65 



forms and integral portion o,f the dunes formation. It is presently 
owned by a land development company and has been subject to in- 
trusion by 4-wheel drive vehicles and grazing cattle. Acquisition will 
protect this significant geological feature from adverse use in the 
future. A sum of $166,000 is authorized to be appropriated for the 
acquisition of this land. 

Section 301 (8) The Trust for Public Land has negotiated an op- 
tion to purchase Marsh Point, Gulf Islands National Seashore, a 600- 
acre undeveloped tract adjacent to the Davis Bayou mainland admin- 
istrative site for the national seashore in Mississippi. The tract is 
the third largest salt marsh in Mississippi and would provide an 
example of salt marsh habitat larger than any now found within the 
national seashore. It is the largest local breeding site for seaside spar- 
rows, and would provide for an excellent environmental educational 
area. There is authorized $300,000 for the ax^quisition. 

Hawaii Volcanoes National Park would, pursuant to section 301(9), 
be expanded by approximately 269 acres, for which $562,000 are au- 
thorized to cover the cost of land acquisition. The subject lands are 
directly adjacent to the nationally signficant Wahaula Heiau (temple) 
at the Kalapana entrance to the park and are susceptible to develop- 
ment. The Trust for Public Lands has acquired an option to purchase 
these lands for subsequent transfer to the park. The National Park 
Service has expressed the desire to reimburse the Trust for these lands 
so that their funds might be used for «imilai' conservation efforts 
elsewhere. 

Section 301 {10) of the bill adds 1,411 acres and deletes 1,620 acres 
from the John Day Fossil Beds National Monument in Oregon. This 
adjustment to the boundary will allow the inclusion of lands con- 
taining unique paleontological resources in need of protection and the 
exclusion of cultivated lands nonessential to the management of the 
monument. To accomplish the purposes of this section, it is also neces- 
sary to delete the second proviso of section 101(a) (2), which limits 
the acquisition of private lands in fee to 1,000 acres. A sum of $3,500,- 
000 is authorized for the acquisition of these lands. 

Section 301(11) extends the Monocacy National Battlefield by 
granting authority to acquire an additional 587 acres. There is au- 
thorized $3,500,000 for the acquisition. The 94th Congress authorized 
the Monocacy National Battlefield. This authorization revises and 
extends the boundary to reflect new information provided by the 
National Park Service and provides for additional lands to protect 
the integrity of the battlefield. 

Section 301 {12) authorizes the addition of 13 acres and the deletion 
of 5 acres at Montezuma Castle Monument in Arizona. This authority 
is sought to facilitate an exchange of lands between the National Park 
Service and the Forest Service. The exchange would provide better 
protection and interpretation of an area of fossilized prehistoric mam- 
mal footprints, and provide for more efficient administration of 
both the Montezuma Castle National Monument and of the Coconino 
National Forest. The National Park Service has advised the committee 
that the Forest Sen^ice concurs in this proposal. 

Section 301(13) authorizes the acquisition of about 8 acres of land 
at Cave Junction, Oregon to serve as a staging area for visitors to 
Oregon Caves National Monument. Facilities at Oregon Caves proper 



339 



66 

are not sufficient to handle the vohnne of visitor parking needed at the 
monument. The facility at Cave Junction will provide i)arkin<: and 
interpretation to the waiting visitor. An appropriation of $107,000 for 
acquisition of the land at Cave Junction is also provided in this 
section. 

As provided in section 301(14) of the bill, 7 acres will be added 
and .11 acres will be deleted at Tumacacori National Monument. The 
bulk of this property has been acquired by the National Park Founda- 
tion for the protection of historic lands associated with the monu- 
ment, to provide for the relocation of the administration/utility build- 
ing, and t-o protect the area from future adverse development. In 
addition, there will be a small exchange of lands with the State of 
Arizona to clarify the right-of-way along U.S. Highway 89. An appro- 
priation of $24,000 is authorized to carry out the necessary land 
acquisition. 

Land totalling 751 acres is authorized, pursuant to section 301(15), 
for addition to Tuzigoot National Monument, Arizona, for which $1.- 
350,000 is authorized to be appropriated to cover the casts of acquisi- 
tion. The new boimdary would include historic lands where the full 
interpretive cultural story could be told, rather than being limited 
to only the pueblo site as it is now. An environmentally sensitive marsh 
area should be protected, an unsightly mine tailings area rehabilitated, 
and a distance provided between the pueblo site and residential devel- 
opment sufficient to protect the integrity of the monument. The Secre- 
tary of the Interior is authorized to make acquisition of the lands 
subject to such terms as he deems necessary, and is further authorized 
to make exchanges of private lands within the revised boimdary of the 
monument for Federal lands within the State of Arizona. To carry 
out acquisition provided in this subsection, $1,350,000 is authorized 
to be appropriated. 

Section 301(16) would adjust the boundary for White Sands Na- 
tional Monument by adding approximately 320 acres and deleting 
some 760 acres of land. This will facilitate the exchange of 320 acres 
of National Park Service lands in the Garlton Lake area of White 
Sands for 320 acres of adjacent Bureau of Land Management prop- 
erty. In addition, 400 acres of land in the same ^■icinitv will be ex- 
changed for inholdings owned by the State of New Mexico within 
the monument proper. These adjustments will pro\nde a more appro- 
priate boundary for the National Park Service, the Bureau of Land 
Management, and the State of New Mexico, and allow more effective 
management by all agencies concerned. 

Sec. 301(17) of H.R. 12536 authorizes an addition of approximately 
three acres to the William Howard Taft National Historic Site. The 
committee understands that this property is to be acquired by dona- 
tion and is to be used for off-street parking. 

As provided in section 301(18) of H.R. 12536. one tract of land 
comprising some 228 acres would be added to the Wind Cave National 
Park in South Dakota. The land in question has traditionally been 
used for cattle ranching. Its owner however, is presently arranging 
the subdivision of the property, which lies immediately adjacent to 
the south entrance of the park. Any commercial or residential develop- 



340 



67 

ment of the tract would be clearly visible for several miles through- 
out the park, disturbing the aesthetic character of this natural area. 
To secure the acquisition of these 228 acres, an appropriation of $227,- 
000 is authorized. 

Section 302 requires that maps or detailed descriptions of the lands 
cited in the previous section be published in the Federal Register 
within six months of enactment. 

Section 303 sets forth the terms of acquisition and administration 
for these lands added pursuant to section 301. It further provides that 
lands deleted pursuant to the aforementioned section may be ex- 
changed for non-Federal lands within the subject revised boundary or 
transferred to the jurisdiction of another Federal agency, or State or 
local government and provides for further interagency coordination 
of Federal lands management. 

Section 301^ states that the authorities granted in this title are sup- 
plementary to any other authorities available for the acquisition, de- 
velopment or administration of the areas referred to in section 301. 

Henceforth the City of Refuge National Historical Park will be 
known as the Puuhonua o Honaunau National Historical Park under 
the provisions of section 305 of H.R. 12536. At several places through- 
out the Hawaiian- Islands, the ancient Hawaiians established places of 
refuge. These places were sanctuaries for n on combatants, criminals, 
and for kapu (taboo) breakers. The City of Refuge National His- 
torical Park contains the best preserved such sanctuary. The National 
Park Service is making every effort to foster and perpetuate knowl- 
edge of the ancient Hawaiian culture. The name "City of Refuge" does 
not convey the precise meaning that is intended in the ancient Ha- 
waiian language, although there were the villages attendant upon the 
site. Changing the name of the area to "Puuhonua o Honaunau Na- 
tional Historic Site" would convey this meaning more exactly, make 
interpretation of the park more meaningful, and contribute towards 
preserving knowledge of the old Hawaiian ways. 

Section 306 provides for the sale of Black Hammock Island at fair 
market values. The proceeds from this sale are to be remitted to the 
National Park Service for land acquisition and development of Fort 
Caroline National Memorial. 

Section 307 authorizes $2,743,000 for land acquisition and $4,280,000 
for development at Allegheny Portage and Johnstown Flood National 
Memorial. The increase will permit the restoration, stabilization and 
preservation planning for historic structures. In addition, funds will 
be available for the development of an auto tour route. 

Section 308 of the bill will have the effect of increasing the size of 
Fort Laramie by about 284 acres. The acquisition of these lands will 
have the eQ^i of filling in the "U", which is the present configuration 
of the fort site. The lands are presently a mix of farmlands and a com- 
mercial campground, which are threatened with adverse commercial 
development. The lands to be acquired are rich in historic army and 
pioneer relics and may hold the site of the first Fort Laramie (then 
called Fort William) , built in 1834. 

The size limitation for Fort Union Trading Post will be increased 
from a maximum of 400 acres to a maximum of 570 acres, as provided 
in section 309. This will enable the National Park Service to acquire 



341 



68 



lands alongf the south bank of the Missouri River necessary to protect 
the historic scene of the trading: post. In addition to moneys for land 
acquisition, this section establishes a new development limitation of 
$4,416,000. This funding will permit completion of exhaustive histori- 
cal and archeolop;ical research, advance planning, and preparation of 
drawings and specifications for reconstruction of the fort. In addition, 
these moneys will cover the development and construction of needed 
visitor and administrative facilities, interpretive structures and de- 
vices, as well as roads and trails at Fort Union. 

As provided in section 310 of H.R. 12536, Dorchester Heights in the 
city of Boston is authorized for inclusion in the Boston National His- 
torical Park. Funds necessary to permit acquisition and development 
of this new component are also authorized. 

Section 311 of H.R. 12536 includes the property known as Sailors 
Snug Harbor, consisting of about 80 acres, which is located in and 
owned by the city of New York, as part of the Gateway National Rec- 
reation Area. This section takes effect only upon donation of the prop- 
erty to the United States. The Secretary of the Interior is authorized 
to enter into cooperative agreements with the City of New York and 
the Snug Harbor Cultural Center, Inc., to provide protection and tech- 
nical assistance for Sailors Snug Harbor following the property's 
donation. 

Section 312 of H.R. 12536 authorizes the Secretary of the Interior 
to accept, without monetary consideration, the properties known as the 
John Adams birthplace at 133 Franklin Street and the John Quincy 
Adams birthplace at 141 Franklin Street in Quincy, Mass., for inclu- 
sion in the Adams National Historic Site. He is further authorized to 
accept furnishings and personal properties which relate to the birth- 
places. 

Section 313 authorizes the addition of the historic Eppes Manor to 
the Petersburg National Battlefield in Virginia. $2,200,000 is author- 
ized for land acquisition for this pui^pose. 

The Mineral King Valley has a history of being proposed for down- 
hill skiing facilities of varying levels of development intensity. Sec- 
tion 314 of the bill recognizes that the quality of the natural resources 
of the valley, and the valley's location at the southern end of and bor- 
dered on 80 percent of its perimeter by Sequoia National Park, indi- 
cates that the valley should be managed with primary regard for its 
natural values and would be a logical addition to Sequoia National 
Park. Because of the past and continuing interest in providing ski fa- 
cilities in the valley, however, the committee directs the Secretary to 
at least consider as alternatives one or more types of skiing facility 
development in the discussion of recreational opportunities during 
preparation of the comprehensive management plan required in sec- 
tion 314. 

The committee notes that management of the Mineral King addition 
should ensure full consideration of the wildlife resources of the area 
and the habitat that supports them. The wildlife resources of Mineral 
King are a kev ingredient in its value as an addition to Senuoia Na- 
tional Park. However, without proper management, the wildlife re- 
sources could be adversely impacted by inadequate control of visitor 



342 



69 



use, development of recreational facilities in key wildlife habitats and 
even deer could become a problem by becoming overabundant and 
damaging the ecosystem of the park and the quality of the park visi- 
tor's experience,, The management plan for Mineral King should ad- 
dress (1) a program to make the area available to the greatest number 
of people without adversely aflFecting the environment, (2) the con- 
trol of visitor use to ensure preservation of the area's wildlife and rec- 
reation qualities, and (3) a program for the management of fish and 
wildlife resources that ensures protection of the ecosystem in and ad- 
jacent to Mineral King including, the reduction of the deer population 
when and if necessary. The Secretary, in development of the plan, 
should cooperate with the California Department of Fish and Game. 

The committee notes that some property owners may suffer adverse 
economic impact unless the Secretary provides for rapid acquisition 
of their lands. The committee, therefore, intends the Secretary to make 
provisions for determination of these hardship cases and take immedi- 
ate action to acquire such property. 

Subsection 314(d) (3) of H.R. 12536 adds a new section 5 to Public 
Law 93-522 and authorizes the Secretary of the Interior to revise the 
existing permit between the National Park Service and the Southern 
California Edison Co., which allows the SCEC to operate Federal 
Energy Regulatory Commission Project No, 298 within Sequoia Na- 
tional Park. Such a permit revision is necessary to allow Southern 
California Edison Co., the continued use of four flow regulators lo- 
cated within the Mineral King Valley area. The committee notes that 
the existing permit between the National Park Service and the South- 
ern California Edison Co., is not included under the provisions set 
forth in subsection (d) (2). 

Section 315 of H.R. 12536 adds approximately 2,670 acres of land 
to the Cuyahoga Valley National Recreation area to maintain visual 
continuity and avert the possibility of noncomplementary commercial 
development in the valley. Some 230 acres of land are authorized for 
deletion from the recreation area, the lands being non-essential areas 
of high development whose acquisition cost would far exceed any re- 
turn benefits as far as resource protection is concerned. To carry out 
these boundary adjustments, the limitation on land acquisition author- 
ity is increased by $29 million to a new ceiling of $70,100,000. 

For the Cuyahoga Valley National Recreation Area, there is also 
authorized to be appropriated $26 million for development, an increase 
of $25,500,000. These funds will be used to meet the short-range devel- 
opment objectives for the park, which provide the most basic com- 
ponents of the visitor-use and recreation program, and the mid-range 
phase, intended to supplement existing facilities to meet the demands 
of growing numbers of visitors. Section 315 also extends the Secre- 
tary's present authoritv to assist local governments in the area in 
establishing zoning ordinances or laws to include intergovernmental 
organizations and to further provide that such assistance may take 
the form of pavments for technical aid. 

The committee noted that the National Park Service has not yet 
acquired any scenic easements on improved properties, although the 



343 



70 

original act establishing the Cuyahoga Valley National Recreation 
Area intended that maximum use be made of this device in order to 
minimize the costs to the government and the dislocations of the in- 
habitants of the area. The committee intends that the National Park 
Service make maximum effective use of the funds authorized under 
the National Parks and Recreation Act of 1978 to acquire scenic ease- 
ments instead of fee title on improved properties, including both those 
which are in the areas added by this act and those which have not yet 
been acquired in the original boundaries of the recreation area. Fee 
title to improved properties should only be acquired where such acqui- 
sition is considered essential to the purpases of the recreation area. 
The fact that an owner of improved property may desire to sell the 
fee should not, in itself, constitute a sufficient reason to acquire fee 
title. 

Section 316 amends section 2(a) of the act of September 1, 1965, 
which established the Delaware Water Gap National Recreation Area, 
by transferring all Federal lands and interests in lands within the 
exterior boundaries of the park to the National Park Service for ad- 
ministration as part of the recreation area. This section is further 
intended to transfer all authority of other Federal agencies to acquire 
lands and interests therein within the Delaware Water Gap NRA to 
the Secretary of the Interior. The exercise of acquisition authority 
shall give priority to the following classes of land in order: (1) com- 
pletion of acquisition of lands on which condemnation proceedings 
have commenced; (2) lands owned by individuals who would suffer 
hardship if acquisition were delayed; (3) lands threatened with ad- 
verse development; (4) acquisition of lands from willing sellers, with 
limited right of use and occupancy when consistent with the adminis- 
tration of the recreation area; (5) acquisition of scenic easements 
where such easements are sufficient to carry out the purposes of the 
act; and (6) acquisition of lands necessary to preserve the integrity 
of the recreation area. 

Section 317 provides for additions to Golden Gate National Rec- 
reation Area. A revised map incorporating the nearly 4.000 acres of 
additions is referenced. An additional 70 acres of Crissy Airfield is to 
be granted for the use of the recreation area. Lansruage controlling 
the reconstruction of buildings on certain lands within the recreation 
area is rewritten to provide for increased public visibility. Agricul- 
tural land is included as qualifying for retained rijrhts of use and 
occupancy, and a leaseback provision for agricultural lands is added. 
Note the discussion under section 318 for the use of this authority. 

Additional subsections are included to permit the Secretary to ac- 
cept donations of lands and improvements from State or local gov- 
ernments adjacent to the recreation area, and to permit the Secretary 
to arrange a deferred payment schedule. A prohibition is included on 
entrance fees for the recreation area, with certain specific exemptions. 

The committee also notes the desire of local residents in various 
areas to have a particular forum for making their views known. While 
the existinar Advisorv' Commission for the area shouM fulfill this need, 
there may be some value in the Commission permitting, subject to the 
call of its Chairman, ad hoc grouns of citizens from areas such as 
Bolinas to function as a means of local input to the Commission. 



344 



71^ 



Section 318 expands the Point Reyes National Seashore slightly 
more than 2,000 acres. A map is referenced which details the bounda- 
ries of the cnhirf^od seaslioro. Minor revisions of the boundary map 
may be made by publication in the Federal Register, following noti- 
fication of the appropriate committees of the Congress. The enabling 
act for the seashore is further amended to provide for retained rights 
of use and occupancy for agricultural as Well as improved residential 
property. Agricailtural property is specifically defined, and the Secre- 
tary is authorized to lease agricultural lands under certain conditions. 
The Secretary may also negotiate deferred payments over ten years 
where desirable. The Secretary is also to cooperate with the Bolinas 
Public Utilities District to protect and enhance the watershed values 
in the seashore. 

Most of the area added to the seashore is in the vicinity of Bolinas, 
on the southern boundary of the existing area. The additions are to 
protect the pastoral character of these lands, and their special re- 
source qualities are to be maintained by the Secretary. The additions 
will provide additional opportunities for low intensity visitor use, 
such as equestrian activities and hiking, but the area is not intended to 
serve as the main entrance to Point Reyes. The Secretary should use 
the minor boundary change authority in conjunction with the new 
map to be certain that, in the case of properties which have been severed 
by the new boundary lines, the lines can be adjusted to protect the 

Erivacy of those portions of properties left outside the seashore 
oundary. 

The committee anticipates that some minimal development, such as 
restrooms, interpretive facilities, and a small youth hostel, may be 
appropriate, but major developments are to be avoided. National 
Park Service management should recognize the special resource quali- 
ties of areas such as the reef along the RCA and Holter properties, 
and emphasize the protection of these resources. 

The committee has included a range of management tools to pro- 
tect the pastoral Character of the additions. Rights of use and oc- 
cupancy which are retained for agricultural properties should permit 
reasonable further development consistent with expanding and main- 
taining the agricultural use of the land. The use of agricultural lease- 
backs IS encouraged to maintain this compatible activity, and the Sec- 
retary is encouraged to utilize this authority to the fullest extent in 
ensuring the perpetuation of this use. The acquisition of lands from the 
Trust for Public Lands should be accomplished subject to the existing 
leases in effect for the Commonweal Corp., thus permitting the pro- 
gram of the corporation to continue for the life of the leases. The 
committee anticipates that, through careful and sensitive manage- 
ment, these additions will greatly enhance the ability of the Secretary 
to maintain the character of the national seashore. 

Section 319 changes the name of the Antietam National Battlefield 
Site to "Antietam National Battlefield.-' A new boundary map, add- 
ing some 1,500 acres to the area, is referenced. Acquisition of the newly 
added lands is to be limited to scenic easements only. 

The additional easement authority provides, increased protection 
.for this important Civil War site, which has been threatened by en- 
croaching development. 



345 



72 



Section 320. Approximately 600 acres of additional lands are au- 
thorized for addition to the Chesapeake and Ohio Canal National 
Historical Park under the provisions of section 320. These additional 
lands will principally comprise that portion of the Western Mary- 
land Railway Co.'s rieht-of-way, in Maryland and West Virginia, 
which was approved for abandonment by the Interstate Commerce 
Commission on February 19, 1975, along with such other portions of 
the right-of-way which are not included in the approval and which 
no longer needed for railway purposes. Th^ park shall also include 
two lots located between 30th Street and Thomas Jefferson Street in 
the Northwest Section of the District of Columbia. These properties 
shall be used to expand the congested barge area, thereby improving 
pedestrian circulation and protecting a very sensitive section of the 
canal. The limitation on funds necessary to carry out the land acquisi- 
tion is increased by $8 million to a new ceiling of $28,400,000. An addi- 
tional $5 million in development funds is also provided in section 320. 
These moneys are intended by the committee for use in the restora- 
tion, stabilization and repair of the C. & O. Canal and adjacent tow- 
path, locks and other historic structures, including Paw Paw Tunnel ; 
renovation o,f administrative offices; planning for facilities at Wil- 
liamsport, Md. ; and the preparation of a visitor orientation film. 

Section 321 directs the Secretary to acquire Hassel Island in Saint 
Thomas Harbor, Virgin Islands, consisting of approximately 135 
acres. There are authorized such sums as may be necessary for land 
acquisition and not to exceed $1 million for restoration and rehabilita- 
tion of historic properties and development. 

Section 322 revises the boundary of the Alibates Flint Quarries to 
include those lands depicted on the map entitled "Boundary Map, 
Alibates Flint Quarries," numbered '432-80,021 and dated November 
1976. In addition, the development limitation for the monument is 
increased by $1,990,000 to a new authorization of $2,250,000. This in- 
crease will permit construction of a new headquarters/visitor center 
complex with such associated roads, trails and landscaping as may 
be necessary. 

Section 323 amends the authorizing Act for Fire Island National 
Seashore, N.Y.. to enlarge the boundaries of the area. The undeveloped 
areas within the Dune District are exempted from condemnation, so 
long as the owners maintain them in their natural state. The Secretary 
is authorized to acquire developed properties within this area when 
storm damage to a property exceeds 50 percent, or when exterior im- 
provements are made. When a catastrophic storm destroys 90 percent 
of the structures within a community, both improved and unim- 
proved properties may be condemned. The committee anticipates that 
the Secretary will use this authority to consolidate Federal holdings 
and to prevent reconstruction of severely damaged properties so that 
(he barrier island will ultimately be returned to a natural condition. 

xm^E rv 

Section UOl consists of a series of paragraphs which designate wil- 
derness and potential wilderness addition acreages of the specific areas 



346 



73 

in accordance with the provisions of the Wilderness Act. Specific map 
references are included for each unit so designated. 
The 14 areas, and the acreages designated in each case, are as follows ; 

1. Big Bend National Park, 538,250 acres, plus potential wilder- 
ness additions of 44,7o0 acres ; 

2. Buffalo National River, 10,529 acres, plus potential wilderness 
additions of 25,471 acres ; 

3. Carlsbad Caverns National Park, 38,000 acres, plus potential 
wilderness additions of 320 acres ; 

4. Crater Lake National Park, 127,500 acres ; 

5. Cumberland Gap National Historical Park, 12,700, plus po- 
tential wilderness additions of 1,900 acres ; 

6. Everglades National Park, 1,296,500 acres, plus potential wil- 
derness additions of 81,900 acres; 

7. Glacier National Park, 927,550 acres, plus potential wilder- 
ness additions of 3,360 acres ; 

8. Guadalupe Mountains National Park, 58,000 acres, plus pa 
tential wilderness additions of 700 acres ; 

9. Gulf Islands National Seashore, 1,800 acres, plus potential 
wilderness additions of 2,800 acres ; 

10. Hawaii Volcanoes National Park, 123,100 acres, plus poten- 
tial wilderness additions of 7,850 acres ; 

11. Organ Pipe Cactus National Monument, 312,600 acres, plus 
potential wilderness additions of 1,240 acres; 

12. Theodore Roosevelt National Memorial Park, 29,920 acres. 
Assorted observations on specific areas and general policy are noted 

below. 

Buffalo National River 

The committee agreed to exclude from potential wilderness addi- 
tion, at this time, that acreage owned by the Boy Scouts on the same 
side of the river where wilderness is designated. This action is intended 
to in no way influence the disposition of this property as it may be 
affected by terms of the establishment legislation. 

Carlsbad Caverns 

A narrow corridor is provided for nonwildemess access to New and 
Ogle caves. 

Crater Lake 

The committee designated all of Wizard Island as wilderness, ex- 
cept for that area which is currently developed. In so doing, the in- 
tention is that the existing development shall not be expanded. "While 
the committee did not designate the surface of the lake as wilderness, 
as was proposed by one proposal, it alternatively intended that cur- 
rent boating use may be maintained at the existing level, but shall not 
be expanded. 

Everglades 

A major issue incorporated with this proposal is the considerable 
motor boat access which may penetrate much of the wilderness on the 
west side. The Secretary should give prompt consideration to the regu- 
lation of such use to minimize its adverr^e influence on the wildlife, 
and should further consider the advisability of permanently closing 
some of these routes by their later designation as wilderness. The Sec- 



347 



74 

retary should advise the committees of such considerations within 1 
year of the date of enactment of this act. 

Cruadalupe Mountains 

In May 1977, the President, in his Environmental Message t-o the 
Congress, indicated that he would shortly transmit recommendations 
for an enlarged "Guadalupe Escarpment Wilderness" to consist of 
wilderness lands within Carlsbad Caverns National Park and Guada- 
lupe Mountains National Park, plus intervening wilderness quality 
lands located in the Lincoln National Forest, so as to form a largo uni- 
fied wilderness of approximately 150,000 acres. Recommendations for 
the enlargement of the wildeme.ss units proposed for the two parks 
were received from the Administration, and these units are included 
in this legislation with some minor boundary alterations. The com- 
mittee was concerned that similar recommendations were not received 
from the Department of Agriculture, and thus it was not possible to 
consider designation of the entire unified Guadalupe Escarpment 
Wilderness at this time. The committee urge.s the Department of Asrri- 
culture to promptly transmit it.s recommendations so that the full 
extent of the President's proposed wilderness in this area may receive 
congressional consideration. 

The committee did not designate as wilderness a large area of quali- 
fying lands commonly known as the western desert which lies below 
the western escarpment of Guadalupe Mountains National Park, 
because the details of future visitor use in this area are not firm at 
this time. 

The committee desires that recommendations for wilderness desig- 
nation in this area be transmitted promptly to the committee, simul- 
taneously with the Secretarv of Agriculture's transmittal of its rec- 
ommendations for the Guadalupe escarpment, if possible, so that the 
entire remaining Guadalupe Escarpment area may receive congres- 
sional deliberation collectively. 

Gvlf Islands 

Considering the dearth of wilderness quality islands in this portion 
of the Gulf of Mexico, the committee was persuaded to designate all 
of these two islands as wilderness (or potential wilderness additions). 
While that submerged lands portion of the Seashore extendina: off- 
shore was not designated as wilderness, the case is easily made for 
so doingr, and so that the Congress may more fully consider this 
matter later, the Secretary is urged to administer these submerged 
lands as wilderness in the interim. In keeping with the committee's 
position for beach and tidelands cleanup policy for Point Reyes Na- 
tional Seashore Wilderness, routine administrative use of motorized 
equipment shall not be permitted, and may occur only in emergency 
or very unusual situations. 

Theodore Roosevelt 

The committee was not decisive in its omission of much of the 
wilderness quality landscape from wilderness designation in the south 
unit. It would be beneficial for the Secretary to promptly reconsider 
his position on appropriate wilderness designation for the south unit 
of the park, and advise the committees upon completion of his re- 
evaluation of this area. 



36-854 O - 79 - 23 



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76 

F acuities for Visitor vse omd management 

It is noted that a number of these areas contain visitor use facil- 
ities (vault-type toilets and boat docks, for example) which might be 
considered inconsistent with wilderness values and a wilderness expe- 
rience. Their presence does violate the principle that technological 
innovation should not precede man into the wilderness. Likewise, in 
numerous areas there are management devices or activities which are 
non-conforming to wilderness (wildlife watering devices, imder- 
ground transmission lines, hydrometeorlogic devices, etc.). While it 
might not be practical or possible to remove such existing devices and 
facilities upon wilderness designation, the addition of more of these 
incompatible items should not be permitted, and every effort should 
be made to eliminate those items now existing, as is practical and 
possible to do so as time passes. In no case should additional items be 
added for visitor use. However, in extreme cases where resource pro- 
tection is jeopardized, limited facilities may be judiciously added 
(such as wildlife watering devices, cave entrance closure gates, etc.). 

Section 402 provides that the map and boundary description which 
detail each wilderness designation made in section 401 will be on tile 
and available for inspection in the National Park Service offices in 
Washington, D.C., and in each appropriate area. Copies of the maps 
and descriptions will also be provided to the Committee on Interior 
and Insular Affairs of the House of Kepresentatives and to the Com- 
mittee on Energy and Natural Resources of the Senate. The maps 
and descriptions are to serve as the statutory boundaries for the 
wilderness designations, with the qualification that clerical and typo- 
graphical errors may be corrected. 

Section JfiS permits the designation as wilderness of any of those 
lands referred to as "potential wilderness additions", upon a notice 
being published by the Secretary in the Federal Kegister stating that 
all uses prohibited by the Wilderness Act have ceased on the lands 
so designated. 

Many of the tracts designated as "potential wilderness additions" 
are areas where the United States does not have full title to the land, 
and/or where existing uses are occurring which are incompatible with 
the Wilderness Act. It is the committee's intention that non-Federal 
interests should be acquired and that any incompatible uses should be 
extinguished as promptly as possible. Thereupon, the land should be 
designated as wilderness pursuant to publishing of notice to that effect 
in the Federal Register, as provided for in this section. Such publish- 
ing should occur as changes occur on a tract-by-tract basis, or periodi- 
cally on a park-by-park basis. All lands, while designated as "potential 
wilderness additions", are to be managed by the Secretary, to the ex- 
tent legal and practical to do so, to the same standards as he manages 
wilderness. 

Section JfOJf provides that the wilderness designated in this act will 
be managed in accordance with the W^ilderness Act, except that appro- 
priate date references in that act shall be to the effective date of this 
legislation, and that appropriate and relevant references to the Secre- 
tary of Agriculture shall be considered to be to the Secretary of the 
Interior. 



349 



76 

Section 406 affirms the right of the Indians of the Blackfeet Reser- 
vation in Montana to enter and utilize lands within (ilacier National 
Pa,rk as necessary to operate and maintain the Lake Sherburne Reser- 
voir, and to develop (to a water storage capacity not exceeding 40,000 
acre-feet), operate, and maintain the Lower Two Medicine Lake 
Reservoir. 

This section also repeals the second proviso of section 1 of the 
act of May 11, 1910 (36 stat. 354; 16 U.S.C. 161), which provides 
that ". . . The United States Reclamation Service may enter upon 
and utilize for flowage or other purposes any area within said park 
which may be necessary for the development and maintenance of a 
government reclamation project." This modification would permit 
continuation of existing water development projects, but would pre- 
clude any new pi-ojects. 

The section also affirms that the existing authority of the Coast 
Guard and the Federal Aviation Administration to construct and 
maintain facilities in the areas designated wilderness, for navigational 
and maritime safety purposes, within the Everglades National Park 
and the Gulf Islands National Seashore is not diminished by this title. 
The committee recognizes that certain unmanned navigational facili- 
ties now exist in the areas designated wilderness by section 401 of this 
title within the Everglades National Park and the Gulf Islands Na- 
tional Seashore. The committee expects, however, that any modifica- 
tion of existing facilities, and the placement of new facilities at either 
existing or new locations, shall be done in full consultation with the 
Secretary. Moreover, it is the committee's intention that new or ex- 
panded facilities at new or existing locations within the wilderness or 
potential wilderness additions should not occur unless absolutely es- 
sential to do so, with no feasible and prudent alternative being avail- 
able outside the wilderness. The authority of the International 
Boundary Commission to delineate, mark and maintain the Interna- 
tional Boundary in the designated wilderness within the Glacier Na- 
tional Park is affirmed. The committee desires that the absolute mini- 
mum disturbance be permitted to occur to the natural landscape, in 
keeping with the concept of an undisturbed wilderness. 

The committee chose to eliminate a previous section of this title 
which required that (1) wildnemess management plans be prepared 
for all designated wilderness units, including the indication of carry- 
ing capacities for various areas within all of the wilderness and (2) 
the Secretary recommend to the House and Senate Committees, within 
five years of wilderness designation, as to needed wilderness boundary 
adjustments. While these actions were eliminated as rec|uirements, the 
Secretary should nevertheless be taking appropriate actions along these 
lines. Section 608(b) revises reporting requirements for the submission 
of general management plans to the congressional committees. Section 
608(2) provides, in paragraph (b)(31. that carrying capacities be 
identified and implementation begin. This provision should, of course, 
be applied to wilderness areas. 

Many of the earlier designated wilderness units had their proposed 
boundaries developed and adopted under guidelines which have been 
subsequently majorily revised. Consideration of those boimdaries now 
mifirht result in determinations of boundaries quite different from \yhat 
exists. The Secretary should consider proposing to the Cona:ress, minor 
boundary adjustments which would result in improved management 



350 



77 

and protection of wilderness and overall park operations. Such minor 
boundary adjustments need not be subject to the comprehensive input 
and review provisions of the Wilderness Act for areas initially studied 
under this act. 

TITLE V 

Section 501 authorizes establishment of Ihe Guam National Seashore 
with acquisition limited to easements over improved property and 
agricultural land. A management plan is to be developed by the Sec- 
retary and the Government of Guam. The seashore will be operated 
under a cooperative agreement between the National Park Service and 
the Government of Guam, with the Secretary providing technical 
assistance to the Government of Guam for the development and man- 
agement of the proposed Guam Territorial Seashore Park. Entrance 
fees will not be charged for residents of Guam or the Northern Mari- 
ana Islands or for U.S. military personnel or dependents. There is 
authorized to be appropriated $10 million for land acquisition and 
$500,000 for development. 

Section 502 authorizes the establishment of the War in the Pacific 
National Historical Park. The Secretary is authorized to acquire lands 
within published boundaries. Property owners may retain estates of up 
to 25 years which may be terminated if their use is inconsistent with 
park purposes. Other pertinent points of interest on Guam may be 
marked by the Secretary and the Governor of Guam. The Secretary is 
authorized to seek the assistance of appropriate historians to interpret 
the park with interpretive activities to be conducted bilingually. The 
Secretary is authorized to seek an agreement with the Secretary of 
Defense for the berthing of a World War II vintage ship at the park. 
A managment plan shall be developed within 2 years. Residents of 
Guam and the Northern Mariana Islands are to be employed to the 
maximum extent feasible. The Organic Act of Guam is amended to 
conform with the provisions of this act. Entrance fees will not be 
charged for residents of Guam or the Northern Mariana Islands or 
for U.S. military personnel or dependents. There is authorized to be 
appropriated $i6 million for land acquisition and $500,000 for 
development. 

Section 503 authorizes the Secretary to have up to 18 months to 
develop a plan to conserve an area of 970,000 acres known as the New 
Jersey Pine Barrens. Congress may disapprove within 180 days of its 
submission. The State has the option of participating in the prepara- 
tion of the plan. The legislation contains detailed criteria outlining 
what is to be included in the plan ; $1 million is authorized for com- 
pletion of the plan. The Secretary is authorized to acquire critical 
lands prior to completion of the plan, for management by the Secre- 
tary, the State or multi-jurisdictional Pine Barrens management 
entity whicli the Secretary approves. There is authorized to be appro- 
priated $25 million for land acquisition. 

Section 50Ii. authorizes the Secretary- to acquire the Poe House com- 
plex in Philadelphia. Pa., to establish the Edffar Allen Poe National 
Historic Site. Authorizes appropriation of such sums as are necessary. 

Section 505 autliorizes the Secretary to establish the San Antonio 
Missions National Historical Park in Texas. The Secretary is author- 
ized to acquire designated missions and associated historical featnres, 



351 



78 



and to enter into cooperative agreements for the compatible manage- 
ment of other properties. Property owners may retain limited right of 
use and occupancy. San Antonio Missions Advisory Commission is es- 
tablished for 10 years. Authorizes appropriation of $10 million for 
land acquisition and $.500,000 for development. A general management 
plan is required within 1 year of date of enactment. 

Section 506 authorizes the Secretary to accept by donation Saint 
Paul's Church, Eastchester, X.Y. for establi-shment as a unit of the 
National Park System. The Secretary is authorized to complete such 
structural and other repairs as are necessary to restore and preserve 
the property. 

Section 507 the Secretary is authorized to acquire 1.300 acres to e.s- 
tablish the Kaloko-Honokohau National Historical Park. The purpose 
of the park is to provide a center for the reorientation and perpetua- 
tion of Hawaiian activities, culture and basic land patterns. In ad- 
ministering the park the Secretary may provide authentic live-in ac- 
commodations for Hawaiians, enter into cooperative agreements with 
adjacent landowners to protect the scene and to the greatest extent 
possible insure that the park is managed by native Hawaiians. Estab- 
lishes an advisory commission for ten years. Authorizes appropria- 
tions of $34,750,000 for land acquisition and $1 million for develop- 
ment. 

Section 508 the Secretary is authorized to develop, maintain and ad- 
minister the existing American Memorial Park located at Tanapag 
Harbor Reservation, Saipan. To the maximum extent feasible, resi- 
dents of the Mariana Islands are to be trained to develop, maintain and 
administer the park. To the greatest extent possible, interpretative 
activities are to be quadri-lingual. Administration of the park is to be 
transferred to the Government of Saipan upon request of that govern- 
ment. Authorizes appropriation of $3 million for development. 

Section 509 the Secretary is authorized to acquire fifty acres of land 
to establish the Palo Alto Battlefield National Historic Site in Texas. 
The park is to be managed under appropriate National Park System 
authorities. Authorizes appropriation of $3 million for land acquisi- 
tion and $200,000 for development. 

Section 510 establishes the Santa Monica Mountains National Rec- 
reation Area in California and authorizes the Secretary to acquire such 
lands as he deems necessary within the boundaries of a referenced 
boundary map to which the Secretary may make minor boundary re- 
\asions. State lands shall be acquired by donation or exchange except 
that lands purchased by the State after January 1, 1978, may be 
acquired by purchase. Federal property will be transferred to the rec- 
reation area. The county of Los Angeles is permitted to continue to 
use a portion of Nike Site 78 as a fire suppression and training facility. 

"Within 6 months of enactment, the Secretary will identify critical 
areas which need to be acquired. By January 1, 1980, the Secretary is 
to submit to the Congress a detailed plan for acquisition and a final 
boundary map for the recreation area. Single family residential and 
agricultural property will only be acquired if threatened with use 
detrimental to the recreation area. Improved property may be acquired 
by easement. Owners of improved property may retain a right of use 
and ocx-upancy. The Secretary' shall give prompt and careful con- 
sideration to offers made by willing sellers. 



352 



79 



Administration of the recreation area shall be in accordance with 
the 1916 Organic Act for the National Park System, and only low- 
intensity uses will be allowed within fragile resource areas. The Sec- 
retary may enter into cooperative agreements for rescue, firefighting 
and law enforcement services. The Secretary may accept donations of 
funds, property or services. 

By January 1, 1981, the Advisory Commission, established by this 
section, shall submit to the Secretary its recommendations regarding 
future management, ownership, and operation of the recreation area. 
By January 1, 1982, the Secretary shall submit to Congress a report 
incorporating the Advisory Commission's recommendations which 
shall (1) assess the benefits and costs of continued National Park 
Service management, (2) assess the capability and willingness of the 
State to manage and operate the area, and (3) recommend beneficial 
changes in management, operation or ownership. 

The Secretary is authorized to make grants to the State for addi- 
tional acquisitions outside the recreation area but within the Santa 
Monica Mountains Zone identified on the referenced map, and to 
release funds to retire bonded indebtedness previously incurred which 
if not retired would contribute to further development inconsistent 
with the purposes of this section. Neither grants nor funds can be 
released until State and local governments comply with a comprehen- 
sive plan for the entire zone prepared by an existing state planning 
commission and approved by the Secretary. The plan would use State 
and local authority to protect and buffer the recreation area and to 
preserve certain natural, historic, archeological, public health, air 
quality, and other benefits of the area as well as to provide increased 
recreational opportunities. 

The Santa Monica Mountains Comprehensive Planning Commis- 
sion established by California State law may submit its comprehen- 
sive plan prepared in accord with the State law and with specific 
criteria of this section. The plan will contain a program for addi- 
tional acquisition of strategic and critical sites outside the recreation 
area for which the grants to the State and through the State to local 
governments are provided. The Secretary must find that the plan is 
consistent with stated criteria before approving it and must consult 
with the Administrator of the Environmental Protection Agency be- 
fore making the findings regarding air quality and public health. 

Grants will not be released until the Secretary has received adequate 
assurances that all aspects of the plan will be adopted and put into 
effect by the relevant unit of government and that the lands acquired 
will not be converted to other than park, recreation or conservation 
purposes. The Secretary may attach any terms and conditions to the 
grants he deems necessary. Additionally, any State or local govern- 
ment that changes laws, regulations, or policies necessary to implement 
the approved plan may be liable for reimbursement of all funds pre- 
viously granted under this section. Changes to the plan must be ap- 
proved by the Secretary. Applications for grants must be made within 
5 years of the Secretary's approval of the plan. Federal expenditures 
within the zone which would be inconsistent with the purposes of the 
section and the approved comprehensive plan may not be approved. 

The Secretary must fullv consid<^r all recommendations of the Cali- 
fornia Department of Parks and Recreation, the Santa Monica Moun- 



353 



80 

tains Comprehensive Planning Commission, and the California 
Coastal Commission. 

The Santa Monica Mountains National Recreation Area Advisory 
Commission is established for 10 years and will be composed of nine 
members — five appointed by the Secretary (one of whom will be the 
chairperson) and one each appointed by the Governor of California, 
the mayor of Los Angeles, the Los Angeles County Board of Super- 
visors, and the Ventura County Board of Supervisors. The advisory 
commission must follow certain procedures to assure local public notice 
and involvement. 

By January 1, 1981, the Secretary' shall, in consultation with the 
advisory commission, submit a general management plan for the recre- 
ation area. 

Appropriations are authorized of $50 million per year for fiscal 
years 1979 through 1981 for land acquisition within the recreation 
area; $10 million per year for fiscal years 1979 through 1981 for the 
grant program ; and $500,000 for facility development in the recreation 
area. 

The committee notes the concern of citizens within the area regard- 
ing the boundary map delineations. The bill provides for a complex 
inter-governmental relationship to implement the Santa Monica 
Mountains National Recreation Area and intends that the Secretary 
carefully incorporate the views of the State of California, the Santa 
Monica Mountains Comprehensive Planning Commission, local citi- 
zens groups, and the area Coastal Commission into development and 
refinement of the boundary and acquisition map. 

The committee also notes the Secretary is given broad powers to 
administer Federal grants to the State and through the State to the 
local political jurisdictions. The committee cautions that such author- 
ity must be used with great care to provide an even-handed adminis- 
tration assuring the intent that appropriate local laws and regulations 
provide for compatible land use practices without inequities between 
local jurisdictions. 

The committee intends that funds for Federal acquisition within 
the recreation area shall be appropriated from the Land and Water 
Conservation Fund and other authorizations from the general fund 
of the treasury. 

Section 511 authorizes the Secretary to establish Ebey's Landing 
National Historical Park in the State of Washington. The area of the 
park is limited to 8,000 acres on Whidby Island surrounding Penn 
Cove. Land acquisition is limited to easements except when the owner 
wishes to sell in fee. The Secretary may enter into cooperative agree- 
ments with the State, local government, or private individuals, cor- 
porations, or associations to preserve significant historic sites. There 
is authorized $4,500,000 for acquisition of lands and $500,000 for 
development. 

Section 551 amends the National Trails System Act to establish the 
Mormon Pioneer National Historic Trail extending from Nauvoo, 
Illinois to Salt Lake City, Utah to be administered by the Secretary 
of the Interior. 



354 



81 



Section 552 amends the National Trails System Act to authorize the 
study of the Overmountain Men Victory Trail extending from Eliza- 
bethton, Tenn. to Kings Mountain National Military Park, S.C. 

Section 553 amends the National Trails System Act to establish the 
Continental Divide National Scenic Trail extending from the Mon- 
tana-Canada border to the New Mexico-Mexico border, to be adminis- 
tered by the Secretary of Agriculture in consultation with the Secre- 
tary of the Interior. 

Section 554. amends the National Trails System Act to establish the 
North Country National Scenic Trail extending from eastern New 
York State to the vicinity of Lake Sakakawea in North Dakota, to be 
administered by the Secretary of the Interior. 

Section 555 authorizes appropriation of $3 million per year for three 
fiscal years after enactment for land acquisition in the areas author- 
ized in sections 551 through 554. 

TITLE VI 

Section 601 authorizes the Secretary to acquire the historic structure 
known as Old Faithful Inn in Yellowstone National Park, as well as 
to restore the structure; $1,500,000 is authorized to be appropriated 
for purchase ; an additional $l,500,000is authorized to be appropriated 
for renovation work to assure the continued protection of the building. 

Section €02 directs the Secretary to study the ridgelands area east 
of San Francisco Bay for: (1) the type of Federal, State or local pro- 
grams to preserve the identified values and assure public use thereof ; 
(2) alternative means to integrate the valuer to be preserved with 
under current land ownership; and (3) suitability and feasibility for 
a unit of the National Park System. The report of the Secretary con- 
taining specified information, is to be submitted to Congress in 1 year. 
Sums necessary to carry out the study are authorized. 

Section 603 provides authorization for $2 million for salaries and 
expenses through fiscal year 1979 for the Pennsylvania Avenue Devel- 
opment Corporation. 

Section 60^. extends the authorization for the act providing for the 
preservation of historical and archeological data for an additional 5 
fiscal years. 

Section 605 authorizes the Secretary to establish a national historic 
site for each President of the United States. 

The House and Senate authorizing committees will have an oppor- 
tunity for a 6-month review of any site proposed under this authority, 
and may disapprove of the site by majority vote during the review 
period. Necessary sums are appropriated. 

Section 606 authorizes up to $10 million for the Secretary to use in 
conducting studies, not otherwise specifically authorized by law, for 
reviewing possible additions to the National Park system. 

The due date for the feasibility study of the Mount Mitchell area 
in North Carolina for potential addition to the National Park System 
is moved forward to July 15, 1978. The committee understands that 
the study itself has been completed, and intends that the document will 
be made available for review at an early date. 



355 



82 

Section 607 (1) These appropriation ceiling are designed to permit 
specific line item budget requests and appropriations for these two 
activities (new area studies and landmarks monitoring). The new area 
studies candidates, in order to be entered on the annual list of no less 
than 12 areas, must appear to possess resource qualities of national sig- 
nificance. Areas without natural or historical resource qualities of 
apparent national significance, such as might be the case with potential 
urban recreation areas, should be studied and considered under the 
provisions of section 606 of this act. and should not be incorporated 
into study and reporting provisions of section 8 of Public Law 91-383. 
Areas listed on the annual list of 12 should correlate with the themes 
identified in the National Park System Plan, Part I and II. Funds 
from the $3 million authorized annual ceiling are also to be available 
for the monitoring of the welfare of those areaf^ which appear to have 
national significance, and have been, or have not yet been, studied for 
potential national park system addition, pursuant to the first sentence 
of section 8 of Public Law 91-383. 

The $1,500,000 made available by this section is for monitoring the 
welfare of both national natural and national historic landmarks, pur- 
suant to the provisions of section 8 of Public Law 91-383. 

(2) This provision replaces an earlier similar provision which 
required copies of all national park system area general management 
plans to be submitted to the House and Senate Committees on an 
unsi)ecifi6d basis. That awkward requirement of individual plan 
submittal is replaced with an annual listing of the status of comple- 
tion or revision of all general management plans. Also, the former 
criteria for plan elements is replaced with a broadened and more com- 
prehensive directive of plan requirements. It is worthy of note that all 
plans are to henceforth address the identification of visitor carrying 
capyacities for all parts of each park unit, and are further required to 
address implementation commitments. Both elements of physical (bio- 
logical) and social (psychological) capacity are to be addressed and 
incorporated in devising the overall capacity for each part of each 
park unit. 

(3) This change is intended to assure that contracts of five years 
duration, as well as those of over five years duration, are encompassed 
by the reporting requirement. 

Section 608 directs studies to be made by the Secretary of the Oak 
Creek Canyon and Chiricahua National Monument areas in Arizona 
for possible additions to the National Park System. 

Section 609 restates the policy of the Congress to conserve certain 
wildlife, wilderness, park, and recreation values on Federal lands, and 
directs that a procedure be established to require the Secretary to 
review various Federal properties for such uses. 

Section 610 this section provides submission dates for the states to 
the Secretary and for the Secretary to the Committees of the Congress 
relative to the statutorily required Annual accomplishments report 
for the Land and Water Conservation Fund Act. 

Section 611 authorizes the Secretary to make grants for the reha- 
bilitation o.f recreation facilities in urban area.s. The srrants are to 
cover 50 percent or more imder certain circumstances of nroiect costs, 
and are to go to local governments, with a requirement that the local 



356 



S3 



jurisdiction make satisfactory commitments for the ongoing main- 
tenance and operation of its park and recreation system. Eligible 
sources of local matching funds are defined, as well as the terms 
under which property may be converted to other uses. $150 million 
per year is autnonzed to be appropriated for this program for the next 
5 fiscal years, as well as $260,000 per year for each of the insular 
areas, as defined in this section. 

The committee notes the immediate need for this program to pro- 
vide assistance to local governments for urban park recovery. The 
Secretary should implement this program as rapidly as possible and 
at the full funding authorization level. Local governments must pro- 
vide evidence of ongoing rehabilitation, maintenance, development, 
and service programs. The committee does not intend the Secretary 
to establish harsh nor restrictive criteria to the submission or evalu- 
ation of such evidence. The committee recognizes that those cities 
which need the matching grants the most are often least able to pay 
for expensive, sophisticated planning expertise to meet excessive 
standards. 

The committee intends that the Secretary establish close and 
continuing liaison and coordination with the Department of Housing 
and Urban Development to assure well balanced and integrated pro- 
grams for urban neighborhood revitalization. 

The committee :firther intends the Secretary shall monitor and 
evaluate the eflPectiveness of the program including auditing each local 
grant financed under this program. 

Section 612 references a new map for the Hells Canyon National 
Recreation Area in Oregon and Idaho. The new map is to be identical 
to that adopted at the time the recreation area was authorized, except 
for the correction of a drafting error, thus clarifying that the wilder- 
ness boundary is to be on the hydrologic divide along the western rim 
of the canyon. 

Section 613 directs the Secretary to study the Irvine Coast-Laguna, 
Calif., area to determine the scenic, scientific, national, and outdoor 
recreation values and to recommend feasibility of federal, state or local 
programs to manage those resources. $250,000 is authorized for the 
study. 

Section 611^. amends the act to provide for the preservation of the 
Ansley Wilcox House, Buffalo, N.Y., by permitting the expenditure 
of federal funds except for the Department of the Interior. The com- 
mittee notes that the original intent of Congress in authorizing this 
site was that it not be managed by the National Park Service. The 
present amendment is to insure that this area is not blocked from re- 
ceiving other federal financial assistance. 

Section 615 provides for the creation of a Big Sur Study Commis- 
sion to study the most feasible and acceptable approach to preserving 
the outstanding ecological, scenic and recreational values. 

The section directs that the Commission take into account, in its 
study, the preferences of Big Sur's residents ; the current land owner- 
ship patterns; views of local. State, and Federal agencies and those of 
all interested groups and individuals ; costs and benefits of alternative 
preservation schemes; any other studies of the area; and any other 
issues the Commission determines are appropriate to such study. 

The section provides 18 months for the Commission to complete 
its study, to provide a detailed description of the lands and resources 



367 



84 

within the area; an evaluation of the scenic, cultural, historical, recre- 
ational and other values in the area; a recommendation for land uses 
compatible and incompatible with the preservation of these values; 
a recommendation of the most appropriate institutional arrangements, 
if any, between the residents, local. State, and Federal governments, a 
aommary of the findings of the Commission of the views of local resi- 
dents and recommendations by the Commission of ways to maintain 
public participation in future planning; and a recommendation for 
coordination of programs and policies of local. State and Federal 
governments to preserve the area. 

The section authorizes the appropriation of $350,000 for 18 months 
beginning with the first fiscal year which l^egins after the date of enact- 
ment of this section. The Commission shall terminate upon trans- 
mittal of the Study to the Secretary and the Congress. 

TITLE vii 

Section 701 establishes the Pere Marquette River, Michigan from the 
junction of the Middle and Little South Branches to the point of 
intersection with the United States Highway 31 as a Wild and Scenic 
River. The river will be administered by the Department of Agricul- 
ture. The Department shall establish detailed boundaries, determine 
the river's classification and complete a development plan within 1 
year of the date of enactment. 

There are authorized to be appropriated not more than $8,125,000 
for land acquisition and $402,000 for development. 

Section 702 establishes the Rio Grande. Tex., from Mariscal Canyon 
downstream to the Terrell-Val Verde County line as a Wild and 
Scenic River. The river will be administered by the Department of 
Interior. The Department shall establish detailed boundaries, de- 
leiTnine the river classifications and complete a development plan 
within two years of the date of enactment. Such planning will be 
coordinated with the United States Commissioner, International 
Boundary and Water Commission, as well as state and affected local 
governments. The plan will only apply to the United States side of the 
Rio Grande and the detailed boundary will be limited to not more than 
160 acres per mile. 

Nothing in the act shall conflict with treaties, commitments or agree- 
ments with Mexico regarding the international boundary or use of the 
Rio Grande. 

There are authorized to be appropriated not more than $1,650,000 
for land acquisition and $1,800,000 for development. 

Section 703 establishes the Skagit River, Wash., from the pipeline 
crossing at Sedro Woolley upstream to and including the mouth of 
Bacon Creek: the Cascade River from its mouth to the iunction of 
its North and South Forks; the South Fork to the boundary of the 
Glacier Peak Wilderness Area; the Suiattle River from its mouth 
to the boundary of the Glacier Peak Wilderness area at Milk Creek; 
the Sauk River from its mouth to its junction with Elliott Creek; 
the North Fork of the Sauk River from its junction with the South 
Fork of the Sauk to the boundarv of the Glacier Peak Wilderness 
Area as a Wild and Scenic River. The river will be ndministered by the 
Department of Agriculture. The Department will establish detailed 
boundaries, determine the river classifications and complete a develop- 
ment plan within one year of the date of enactment. 



358 



85 

Rip-rapping of natural channels with native rock to protect agri- 
cultural land IS deemed to be consistent with the purposes of the Act. 
The Secretary of Agriculture is required to investigate a portion of 
the North Fork, Cascade River and if found to qualify may add the 
segment to the system. 

A portion of the Sauk River is reserved as a site for a dry dam to 
provide flood control providing the U.S. Army Corps of Engineers 
shows a cost-benefit ratio better than other alternatives and that such 
a structure will not be harmful to the anadromous fishery. 

There are authorized to be appropriated not more than $11,734,000 
for land acquisition and $332,000 for development. 

The committee adopted the amendment to reserve a portion of the 
Sauk River for a possible future dry dam to provide flood control in 
the downstream area. The committee does not intend this action to 
promote water resources development. The special nature of the Ska^t 
River problem led the committee to adopt the amendment as a special 
case without prejudicing the committee's intent to prohibit water 
resources development on designated Wild and Scenic rivers. 

Section 70^ establishes 10 segments of the Upper Mississippi River, 
Minnesota totaling 300.3 miles to be administered by the Department 
of Interior (with provisions for the Department of Agriculture to 
manage those segments within the Chippewa National Forest) as a 
Wild and Scenic River. Also establishes two segments of the river may 
be designated bv the Secretary of the Interior upon application by the 
Governor of Minnesota. No segment or portion of the river may be 
designated within areas owned by the Chippewa Indian Tribe unless 
consented to by the tribal governing body. 

The agencies shall establish detailed boundaries, determine the river 
classification and complete a development and management plan with- 
in 2 years of the date of enactment. 

There are authorized to be appropriated not more than $16,500,000 
for land acquisition and $3,300,000 for development. 

Section 705 establishes the Delaware River from the confluence of 
the East and West branches below Hancock, N.Y., to the existing rail- 
road bridge upstream from Sparrow Bush, New York as a Wild and 
Scenic River to be administered by the Secretary of the Interior. 

Subsection (b) directs the Secretary of the Interior to publish gen- 
eral guidelines within 180 days after enactment for land and water use 
control measures to be developed and implemented in the river corri- 
dor. The Secretary shall provide for public participation in the de- 
velopment of these guidelines, including by all levels of government 
and private individuals as well as the Upper Delaware Citizens Ad- 
visory Council as established. 

Within 3 years from enactment the Secretary in cooperation with 
the Delaware River Basin Commission, the Advisory Council, and the 
directly affected States and municipalities, shall develop a manage- 
ment plan which will provide for land and water uses and scenic and 
recreational activities consistent with the Wild and Scenic Rivers Act 
and the general guidelines aforesaid. 

The Secretary may not acquire more than 450 acres of land and in- 
terest in land for access, development sites, preservation of scenic 
qualities, or for any other purposes. However, the Secretary may ac- 
quire an additional 1,000 acres of land and interests in land if sudi 



359 



86 

additional acquisition is recommended for and provided in the man- 
apeanent plan as finally approved by the Secretary'. 

The Secretary shall review all relevant local laws and ordinances 
to determine whether they substantially conform to the management 
plan. In addition, the Secretary shall determine the adequacy of the 
enforcement of such laws and ordinances. The purpose of such reviews 
is to determine whether they conform to or are compatible with the 
jjurposes of the act. The Secretary, upon finding that such laws and 
ordinances are not in conformance with the management plan, or are 
not being properly enforced, mav acquire land or interest in land in 
excess of the acreages provided above. However, any acquisition shall 
be in conformance with the "Wild and Scenic Rivers Act, and limited 
to the boundaries of the local governmental unit failing to conform or 
comply with management plan. 

Xo later than 120 days after enactment, the Secretary shall estab- 
lish an Upper Delaware Citizens Advisory Council to encourage maxi- 
mum public involvement in the development and implementation of 
the management plan. 

With respect to the land and water within the boundaries of the 
designation, the Secretary is authorized to enter into contracts with 
the states or political subdivisions pursuant to which the Secretary 
may provide financial assistance for enforcing state and local laws in 
such areas and for removing and disposing of solid waste in such 
areas. 

Nothing in this section shall be construed as limiting the right to fish 
and hunt on any of the lands or waters within the boundaries of the 
Upper Delaware Rivers as provided in Section 13 of the Wild and 
Scenic Rivers Act. 

There are authorized to be appropriated to carry out the purposes 
of this section such sums as may be necessary. 

Section 706 establishes the Delaware River within the boundary of 
the Delaware Water Gap National Recreation Area as a Wild and 
Scenic river to be administered by the Secretary of the Interior. 

The wild and scenic designation is limited to the banks of the river 
so that the land acquisition restrictions enumerated in section 6 of the 
Wild and Scenic Rivers Act do not apply. This will provide the Na- 
tional Park Service with flexibility in managing the river corridor as 
part of the Delaware Water Gap National Recreation Area, Section 
706 also directs the NPS to manage the lands adjacent to the river in a 
way compatible with the purposes of the Wild and Scenic Rivers Act. 

Section 707 ej=tablishes the North Fork of the American River, 
Calif., from three-tentlis of 1 mile above Heath Springs downstream 
to a point just above the Colfax-Iowa Hill Bridge as a Wild and Scenic 
River. The river will be jointly administered by the Department of In- 
terior and the Department of Agriculture. The agencies shall establish 
detailed boundaries, determine the river classification and complete a 
development plan within one year of the date of enactment. Acreage 
limitations specified in Section 3(b) are waived for the river segment 
in the Gold Run area. 

Owner's of affected improved property as defined in Section 6(g) (3) 
of the act is redefined as to date of construction being before Janu- 
ary 1 of the calendar year preceding the calendar year in which this 
paragraph is enacted. 



360 



87 



Section 708. The addition of this segment of the Missouri River 
to the system is the result of a delicate negotiation between affected 
landowners; various governmental planning councils, groups and 
agencies; conservation interests; and members of Congress. The lan- 
guage provides that the Secretary of the Interior shall construct such 
recreation features and streambank stabilization features as he deems 
necessary and advisable, and shall maintain various streambank stabil- 
ization structures. No streambank stabilization structure or recrea- 
tional feature is to be placed or maintained on private land without 
the owner and the United States first negotiating suitable arrange- 
ments for adequate protection of any land within that ownership 
within the river boundary in accordance with the purposes of the Wild 
and Scenic Rivers Act. Condemnation authority is limited to no more 
than 5 percent of the acreage within the designated river boundary, 
and that is limited to less-than-fee ac(juisition, and may be exercised 
only when an owner is damaging, or is threatening to jeopardize or 
damage, the integrity of the river corridor. This 5 percent acreage 
limitation excludes ( i ) those lands for which easements or fee acquisi- 
tion have been or come to be negotiated associated with lands upon 
which interests or fee have been or are acquired for the construction 
of streambank stabilization structures and/or recreational facilities, 
and (2) those lands protected by any level of government ownership. 
The river is to be administered by the Secretary, under contract with 
the Secretary of the Army, through the Corps of Engineers. 

The committee intends that the administration shall assign the nec- 
essary manpower and budgetary priority to acquisition and develop- 
ment required for accelerated establishment of these Wild and Scenic 
rivers. The committee is concerned that lack of administration sense 
of urgency would have a serious impact upon those private landowners 
affected. There is a further need for the administration to advise land- 
owners in the affected areas immediately as to the details of land 
acquisition procedures and degree of estate, fee or easements to be 
acquired. 

The committee also intends that the managing agencies develop 
their management plans with full public involvement as rapidly as 
possible. Significant attention should be paid to the problem of over- 
use that often occurs on designated rivers to the detriment of the 
resource such designation attempts to protect. Particular attention 
and urgency should be paid to the Pere Marquette River, Mich., to 
preserve one of the most famous scenic rivers in the midwest region. 

Sections 721 through 71fi amend the act to include the named rivers 
for study as to their potential to be included in the Wild and Scenic 
River System. The studies are to be completed and reports submitted 
within 5 years of the date of enactment except that those studies in 
sections 726 through 729 shall be submitted to the Congress by April 
1981. 

The committee is concerned that past Wild and Scenic River studies 
directed by the Congress have taken an inordinate number of years to 
accomplish. The committee intends that the administration shall as- 
sign adequate priority to this program so that these studies are ini- 
tiated soon enough to complete them within the time frame estab- 
lished. The committee is particularly concerned that the study of the 
Sheepscott River shall begin not later than January 1, 1979 and shall 



361 



88 

be conducted with full participation of the state and local agencies and 
citizens. 

Sections 751 through 765 amend the act to increase authorization 
levels for: Eleven Point River, Missouri from $4,906,500 to $10,407,- 
000; Rouge River, Oregon from $12,447,200 to $15,147,000; Salmon 
River, Idaho from $1,237,100 to $1,837,000; Chattooga River, South 
Carolina, North Carolina and Georgia from $2,000,000 to $5,200,000; 
St. Croix River, Wisconsin from $11,768,500 to $21,769,000. Section 
g(b) regarding limitation on fee land acquisition of the St. Croix 
River is waived. 

Section 761 amends section 2(a) of Public Law 90-542 to permit 
Federal agencies to manage, for Wild and Scenic River purposes, 
those rivers declared by the respective States as wild and scenic. 

Section 762 amends section 12(a) of Public Law 90-542 to require 
Federal agencies to manage Federal lands adjacent to any river under 
consideration as a Wild and Scenic River in a manner consistent with 
the purposes of the act. Federal agencies are directed to enter into co- 
operative agreements with States, where appropriate, to manage Fed- 
eral lands consistent with approved State river objectives. 

Section 763 amends section 6(a) of Public Law 90-542 to permit the 
Secretary administering a wild and scenic river to accept State lands 
through exchange as well as by donations. 

Section 76It adds a new section 14A to Public Law 90-542 to per- 
mit the Secretary administering a Wild and Scenic River to lease, with 
restrictions, lands acquired for compatible private uses. Leased lands 
would be exempt from the provisions related to the 50 percent and 100 
acre-per-mile limitations. 

The committee intends the administration to make full use of the 
authority provided to enter into long-term leases with private individ- 
uals so that lands deemed available can be used productively and in 
consonance with the purpose of the Wild and Scenic Rivers Act. 

Section 765 amends section 5 of Public Law 90-542 to require the 
Secretaries of Interior and Agriculture to study rivers within Federal 
lands for Wild and Scenic River purposes and report to the Congress 
recommending such rivers for inclusion in the system. 

The committee feels a complete inventory of rivers must be made as 
soon as possible on Federal lands. 

Section 766 amends section 3(b) of Public Law 90-542 to provide 
that boundaries for the component Wild and Scenic Rivers may be set 
in accordance with authorization specified in the appropriate amend- 
ment to the act ; and provides that the definition of improved property 
may be specified as a part of the appropriate amendment to the act. 

Section 767 amends section 4(b) of Public Law 90-542 to assure the 
authorities of the Coast Guard in regulating boating safety and re- 
lated functions are applicable to Wild and Scenic Rivers. 

Oversight Statement 

All features of H.R, 12536 involve matters of concern to the Com- 
mittee on Interior and Isular Affairs and will be subject to continuing 
scrutiny as its provisions are implemented. By limiting authoriza- 
tions, the committee will have a greater opportunity to exercise ap- 
propriate oversight with respect to the various areas involved in the 



362 



89 

bill. None of the areas involved in this legislation have been the sub- 
ject of any reports or recommendations from the Committee on Gov- 
ernment Operations under Rule X, clause 2(b)(2). 

Inflationart Impact Statement 

To some extent the authorizations contained in this legislation re- 
flect normal inflationary pressures which are caused by increasing 
costs of recreation lands and increasing costs for materials and labor 
involved in developing public facilities. The components of H.R. 12536 
are located in all parts of the country and may, in a few cases, involve 
expenditures which will exert some local economic impact, but in 
context of the national economy the expenditures involved will be 
disbursed over a period of years and throughout such wide geographic 
regions as to virtually have no inflationary impact. 

Cost and Budget Act Compliance 

Altogether the provisions of H.R. 12536 authorize the appropriation 
of approximately $1,350 million. Of this amount nearly $400 million 
is already authorized to be appropriated from the Land and Water 
Conservation Fund. Only moneys authorized ,for grants, development, 
planning, and studies would be subject to appropriations from the 
General Fund of the Treasury. These sums are estimated by the Com- 
mittee to total no more than $1 billion for the next 5 years. The anal- 
ysis transmitted to the Committee from the Congressional Budget 
Office follows : 

Congressional Budget Office, 

U.S. Congress, 
Washington, D.C., May 16, 1918. 
Hon. Morris K. Udall, 

Chairman, Committee on Interior and Insular Affairs, 132Ji. Long- 
worth Office Building, U.S. House of Representatives, Washing- 
ton, D.C. 
Dear Mr. Chairman : Pursuant to section 403 of the Congressional 
Budget Act of 1974, the Congressional Budget Office has prepared the 
attached cost estimate for H.R. 12536, the National Parks and Rec- 
reaction Act of 1978. 

Should the committee so desire, we would be pleased to provide fur- 
ther details on the attached cost estimate. 
Sincerely, 

James Blum 
( For Alice M. Rivlin, Director) . 

Congressional Budget Office — Cost Estimate 

1. Bill number : H.R. 12536. 

2. Bill title : National Parks and Recreation Act of 1978. 

3. Bill status : As ordered reported by the House Committee on In- 
terior and Insular Affairs, May 10, 1978. 

4. Bill purpose: The bill increases ceilings on funds for develop- 
ment; raises the limitations on appropriatons for land acquisition; 
and authorizes amounts for revisions of boundaries within specific 



396.8 


56.0 
178.8 


56.0 . 
179.8 






335.7 


169.8 


170.3 


732.5 
■59 


234.8 


235.8 


169.8 


170.3 




791.5 
249.8 


234.8 
439.6 


235.8 
392.6 


169.8 
253.3 


170.3 
196.1 



363 



90 

units of the Xational Park System. In addition, it desi^ates new 
wilderness areas; establishes new areas of the National Trails System ; 
and amends the Wild and Scenic Rivers Act. 

5. Cost estimate : 

|By fiscal years; In millions of dollars] 

1979 1380 1981 1982 1983 

Autliorization level: 

Specifically authorized: 

land and water conservation fund. 

General funds 

Total 

Other 

Total authorization level 

Estimated cost 

■ Estimated. 

The above estimate does not include the costs of several provisions 
for which no estimate could be developed in the time available. These 
include the addition of Dorchester Heights to the Boston National 
Historical Park ; the addition of Sailors Snug Harbor to the Gateway 
National Recreation Area ; the addition of Hassel Island to the Virgin 
Islands Xational Park; the establishment of the Edgar Allen Poe Na- 
tional Historic Site; the rehabilitation and reconstruction of buildings 
in the San Antonio Missions National Historic Park; the restoration 
and preservation of Saint Paul's Church in Mount Vernon, New York ; 
and the acquisition of the Upper and Middle Delaware River seg- 
ments. In addition, it excludes the costs of operation, maintenance, and 
administration associated with a number of new acquisitions, which 
also could not be estimated in the time available. 

The costs of this bill fall within budget function 300. 

6. Basis of estimate : Funds used by the National Park Service for 
land acquisition are allocated from the Land and Water Conservation 
Fund. Thus, the authorization level increases for land acquisition in 
titles II, III, V, VT, and VII raise only the amount which the Park 
Service is authorized to receive from this fund. Funds used for devel- 
opment, construction, and other purposes are directly authorized and 
appropriated to the National Park Service. 

TITLE I 

The first title of this bill raises the authorization ceilings on funds 
for development in 34 units of the National Park System. The author- 
ization level is increased by $96.5 million in this title, and the resultant 
costs are estimated to be approximately $7.9 million in fiscal year 
1979, $24.2 million in fiscal year 1980, $37.6 million in fiscal year 1981, 
$16.5 million in fiscal year 1982, and $10.3 million in fiscal year 1983. 
These cost estimates are based on the currently planned construction 
program of the National Park Service. 

TITLE n 

Title II raises the limitations on appropriations for land acquisition 
in 5 units of the National Park System. The authorization level is 



38-854 O - 79 - 24 



364 



91 

increased by $98.1 million. Estimated costs resulting from this in- 
creased authorization are approximately $23.5 million in fiscal year 

1979, $52.4 million in fiscal year 1980, and $22.2 million in fiscal year 
1981, based on data supplied by the National Park Service. 

TITIiE ni 

The first section of title III authorizes the revision of boundaries 
in 18 parks and authorizes appropriations of $15.5 million from the 
Land and "Water Conservation Fund for acquisition of necessary' addi- 
tional lands. It is expected that the National Park Service will carry 
out all of the acquisition associated with these revisions in fiscal year 

1980. based on information available from the Park Service. 

In section 307. $2.7 million is authorized for land acquisition and 
$4.3 million is authorized for development in the Allegheny Portage 
Eailroad National Historic Site and the Johnstown Flood National 
Memorial. It is estimated that costs associated with this section will be 
$4.2 million in fiscal year 1979, $2.0 million in fiscal year 1980, and 
$0.8 million in fiscal year 1981. 

Section 309 raises the existing combined ceiling for land acquisition 
and development by a total of $4.1 million for the Fort Union Trading 
Post National Historic Site. It is estimated that resultant expenditures 
will be approximately $0.9 million in fiscal year 1979, $2.2 million in 
fiscal year 1980, and $1.0 million in fiscal year 1981. 

Section 310 authorizes such sums as may be necessary for the addi- 
tion of specific areas in Dorchester Heights to the Boston National 
Historical Park. No estimate of the cost of this addition could be 
developed in the time available. 

Section 313 authorizes $2.2 million for the acquisition of the Eppes 
Manor and adjacent lands for the addition to the Petersburg National 
Battlefield. It is estimated that this sum will be spent at a rate of 
$0.4 million in fiscal year 1979, $1.1 million in fiscal year 1980, and 
$0.7 million in fiscal year 1981. 

Section 314 authorizes the addition of the Mineral King Valley to 
the Sequoia National Park. Within 2 years aft«r enactment of this 
bill, the Secretary is to submit an acquisition plan for lands in the 
area. It is estimated that expenditures for this plan will be approxi- 
mately $0.1 million in each fiscal year 1979 and 1980. Such sums as 
may be necessary for the acquisition of this land is authorized. It is 
estimated that acquisition of this area will cost approximately $5.4 
million, and resultant expenditures will be approximately $2.7 million 
in each of the fiscal years 1979 and 1980, based on information avail- 
able from the National Park Service. 

Section 315 authorizes $29.0 million for the necessary land acquisi- 
tion and propei'ty improvements for a revision of the boundaries of 
the Cuyahoga National Recreation Area, and $26.0 million for the de- 
velopment of this recreation area. It is estimated that this land 
acquisition will be carried out at an equal rate in fiscal years 1979 and 
1980, and the development will continue over a 5-year period, based on 
historical data for similar acquisition and development programs. 

Section 319 authorizes the Secretary of the Interior to purchase up 
to 3,300 acres of new land for the Antietam National Battlefield Site. 



365 



It is estimated that this land will cost approximately $5.9 million 
and resultant expenditures will be approximately $1.2 million in fis- 
cal year 1979, $3.0 million in fiscal year 1980, and $1.7 million in fiscal 
year 1981, based on information providexi by the National Park 
Service. 

In section 320 an additional $8,0 million is authorized for land 
acquisition and an additional $5.0 million is authorized for develop- 
ment in the Chesapeake and Ohio National Historical Park. It is esti- 
mated that resultant expenditures will be $5.8 million in fiscal year 

1980, $4.8 million in fiscal year 1981, and $2.4 million in fiscal year 
1982, based on information available from the National Park Service. 

Section 321 adds Hassel Island in St. Thomas Harbor to the Vir^n 
Islands National Park. Such sums as may be necessary are authorized 
for land acquisition, and $1.0 million is authorized for development. 
No estimate is available as to costs of acquisition for this area. It is 
expected that development will cost approximately $0.8 million in fis- 
cal year 1980 and $0.2 million in fiscal year 1981, based on historical 
data for similar development programs. 

Section 322 revises the boundaries and the Alibates Flint Quarries 
and Texas Panhandle Pueblo Culture National Monument, and au- 
thorizes $2.0 million for land acquisition and development. It is esti- 
mated that these funds will spend at a rate of $0.4 million in fiscal year 
1979, $1,0 million in fiscal year 1980, and $0.6 million in fiscal j-ear 

1981, based on historical disbursement rates for similar activities. 
Section 323 authorizes land acquisition for boundary revisions in the 

area of the Fire Island National Seashore. Based on data available 
from the Department of the Interior, it is estimated that this land 
acquisition will cost approximately $43.0 million and will be carried 
out at an equal rate in fiscal years 1980 and 1981. 

TITLE IV 

Title IV designates 3.5 million acres of land as wilderness, and 0.2 
million acres as potential wilderness. It is estimated that no cost will 
be incurred by the federal government as a result of these designations, 

TITLE V 

Subtitle A of title V establishes 11 new areas of the National Park 
System. In the first two sections of this subtitle, the Guam National 
Seashore and the War in the Pacific National Park are established. 
Funds authorized from the Land and Water Conservation Fund for 
acquisition are $10.0 million for the seashore and $16.0 million for the 
park, and both are authorized to receive $0.5 million for develop- 
ment. It is estimated that expenditures resulting .from these au- 
thorizations will be $6.1 million in fiscal year 1979, $13.2 million in 
fiscal year 1980, and $7.8 million in fiscal year 1981. For each area, 
the Secretary of the Interior is directed to develop a management plan 
in coordination with the Government of Guam, and it is estimated 
that development of these plans will cost approximately $0.3 million 
over the next 3 years, based on historical data for similar programs. 



366 



93 



Section 503 authorizes $1.0 million for a management plan to 'be 
developed for the Pine Barrens Area in the 18 months following en- 
actment of this bill. In addition, it authorizes $25.0 million from the 
Land and Water Conservation Fund for acquisition of those lands 
in the Pine Barrens vrhich are manifestly of critical ecological im- 
portance. It is assumed that this acquisition will be completed by 
fiscal year 1971. and its associated costs are estimated to be $5.7 million 
in fiscal year 1979. $12.8 million in fiscal year 1980, and $7.5 million 
in fiscal year 1981, based on historical disbursement rates for 
acquisition. 

Section 505 establishes the San Antonio Missions National Histori- 
cal Park. The Secretary of the Interior is authorized up to $10.0 
million to purchase lands and $0.6 million to develop and maintain 
facilities for this park. In addition, an advisory commission is es- 
tablished to oversee creation of this park. It is estimated that costs 
to the government resulting from enactment of this section will be 
$2.4 million in fiscal year 1979, $5.1 million in fiscal year 1980, and $3.0 
million in fiscal year 1981. 

In section 506, the Secretary is authorized to accept any property 
located on the grounds of Saint Paul's Church, Eastchester, and is 
directed to restore and preserve this property. No significant cost to 
the government is expected as a result of this section. 

In sections 507, 508, and 509, three new park units are established. 
For land acquisition, $37.8 million is authorized to be appropriated ; 
and for development, $4.2 million is authorized to be appropriated 
in these three parks. In addition, a commission composed of nine 
members is established to oversee creation of one of these units. It is 
estimated that costs associated with these additional parks will be 
$7.5 million in fiscal year 1979, $22.6 million in fiscal year 1980, and 
$11.9 million in fiscal year 1981, based on historical disbursement rates 
for similar new park additions. 

Section 510 establishes the Santa Monica Mountains National Recre- 
ation Area. The Secretary of the Interior is directed to begin necessary 
land acquisition 90 days after enactment of this bill; to identify all 
lands for purchase within 6 months after enactment of this bill ; and 
to submit an acquisition plan by January 1, 1980. In addition, this sec- 
tion establishes the Santa Monica Mountains National Recreation Area 
Advisory Commission. This commission is directed to submit a report 
by January 1, 1981, assessing the willingness and capability of local 
governments to manage and operate the recreation area. By January 1, 
1982, the Secretary must submit a report assessing the benefits of con- 
tinuing management as a unit of the National Park Service in light of 
the commission's recommendations. The Santa Monica Mountains 
Comprehensive Planning Commission must then submit a final plan 
for management of the area. There are authorized to be appropriated 
$53.0 million for land acquisition in each of fiscal years 1979, 1980, and 
1981 ; $10 million for grants to the states in each of these fiscal years; 
and $0.5 million for the development of essential public facilities in 
the recreation area. Costs resultmg from this section are estimated to 
l:>e $20.6 million in fiscal year 1979, $47.1 million in fiscal year 1980, 



367 



94 

$63.4 million in fiscal yoar 1081. $42.5 million in fiscal year 1082. and 
$15.9 million in fiscal year 1083, based on historical disbnrscment rates 
for similar activities. 

Section 511 directs the establishments of Ebey's I.Jindinfr National 
Historic Park and authorizes $4.5 million for land acquisition and $0.5 
million for development of the park. Costs associated with this park 
are estimated to be $0.0 million in fiscal year 1080. $2.3 million in fiscal 
year 1981. and $1.8 million in fiscal year 1082. based on historical data 
for similar acquisition and development procrrams. 

Subtitle B of title V adds 4 new units to the National Trails System. 
For land acquisition with respect to these trails, there is authorized to 
be appropriated $3.0 million for oach of the 3 fiscal years following 
enactment of this bill. It is estimated that costs incuired as a result of 
this subtitle will be approximatelv $1.8 million in fiscal year 1070, $4.5 
million in fiscal year 1980. and $2.7 million in fiscal year 1981, based on 
historical acquisition rates for similar programs. 

TITLE VI 

Section 601 authorizes the appropriation of $1.5 million for acquisi- 
tion and $1.5 million for construction of the Old Faithful Inn at Yel- 
lowstone National Park. Based on information available from the Na- 
tional Park Service, it is estimated that outlays resulting from this sec- 
tion will be $2.0 million in fiscal vear 1980, and $1.0 million in fiscal 
year 1981. 

In section 603, the Secretary of the Interior is directed to submit a 
study of the ridgelands area east of San Francisco. Based on histori- 
cal data for similar studies, it is estimated that approximately $0.2 
million will be spent in fiscal year 1979 to carry out this study. 

In section 604, $2.0 million is authorized for grants for the Pennsyl- 
vania Avenue Development Corporation. It is estimated that all of this 
amount will be spent in fiscal year 1979, based on past experience with 
this program. 

Section 605 authorizes $3.5 million in fiscal year 1979, $4.0 million in 
fiscal year 1980, $5.0 million in fiscal year 1981, $5.0 million in fiscal 
year 1082, and $5.5 million in fiscal year 1083 for the j)reservation of 
historical and archeological data. Based on agency data, it is esti- 
mated that all these amounts will be spent in the fiscal year in which 
they are authorized. 

In sections 607 and 608, $13.0 million for studies and $1.5 million for 
monitoring are authorized annually for new park areas studies. Based 
on information from the National Park Service, it is estimated that ex- 
penditures resulting from this section will be $3.5 million in fiscal vear 
1070, $3.5 million in fiscal year 1080. $5.5 million in fiscal year 1081, 
$5.5 million in fiscal year 1082. and $7.5 million in fiscal year 1083. 

Section 600 directs the Secretary of the Interior to conduct a stiidy 
on the Oak Creek Canyon and Chiracahua National Monument areas 
to determine appropriate boimdarv lines for these areas. Based on 
agency information, it is estimated that these studies will cost approxi- 
mately $0.2 million in fiscal year 1070 and $0.2 million in fiscal year 
1980, and the amount used will come from the $13.0 million annual 
authorization for new area studies provided in section 607. 



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95 

In section 612, an additional $150.3 million is authorized annually 
in fiscal years 1979 through 1983 to augment the existing federal grant 
programs. These funds will be administered and spent in a manner 
similar to those funds now provided through the Land and Water 
Conservation Fund. It is estimated expenditures resulting from enact- 
ment of this section will be approximately $127.8 millionin fiscal year 

1979, and $150.3 million in each of the fiscal years 1980 through 1983. 
Section 614 authorizes the appropriation of $0.3 million for a study 

of the Irvine Coast, Lagima, California. Based on information avail- 
able from the legislative offices of the National Park Service, it is esti- 
mated that these funds will all be spent in fiscal year 1979. 

TITLE VII 

Title VII amends the Wild and Scenic Rivers Act. In the first sub- 
title, $59.9 million for the addition and $6.6 million for the develop- 
ment of 6 segments of land are specifically authorized, and such sums 
as may be necessary are authorized for land acquisition and develop- 
ment in two additional areas. In addition, the Secretary is directed to 
prepare a management plan for the Upper Delaware segment within 
3 years of the date of enactment of this bill, and an Upper Delaware 
Citizens Advisory Council is established. Based on historical disburse- 
ment rates for similar programs, it is estimated that funds authorized 
for land acquisition will be spent at a rate of 20 percent in fiscal year 

1980, 50 percent in fiscal year 1981, and 30 percent in fiscal year 1982 ; 
funds authorized for development will be spent at a rate of 85 percent 
in fiscal year 1982 and 15 percent in fiscal year 1983 ; and the total cost 
of the management plan will be spent equally in the 3 fiscal years fol- 
lowing enactment of this bill. 

In the second subtitle, 19 new river areas are designated for study. 
Reports concerning these studies are to be submitted for all these areas 
within 5 fiscal year after the date of enactment of this bill, and four of 
these reports must be submitted in April 1981. It is estimated that each 
of these reports will cost approximately $200,000 and expenditures on 
their preparation will occur at an equal rate in each fiscal year for 
the duration of the studies. An additional $1.9 million is authorized 
for studies previously authorized, and such sums as may be necessary 
are authorized to carry out the studies directed in this subtitle. All of 
the $1.9 million is assumed to be spent in fiscal year 1979, based on in- 
formation provided by the agency. 

Subtitle C authorizes $19.3 million in additional funds from the 
Land and Water Conservation Fund for land acquisition in four spe- 
cific river segments designated in the Wild and Scenic Rivers Act. 
Based on historical disbursement rates, it is assumed that outlays for 
this land acquisition will begin in fiscal year 1980 and will occur at a 
rate of 20 percent, 50 percent, and 30 percent in the three fiscal years 
1980, 1981, and 1982, respectively. 

7. Estimate comparison : None. 

8. Previous CBO estimate : On May 10, 1978, a CBO estimate was 
prepared for S. 2876, as ordered reported by the Senate Committee on 
Energy and Natural Resources. S. 2876 is also an omnibus park bill, 
but differs significantly in scope from H.R. 12536, The cost estimates 
reflect these differences. 



369 



06 

9. Estimate prepared by : Debra Goldberg. 

10. Estimate approved by : 

James L. Blum, 
Assistant Director for Budget Analysis. 

Committee Amendments and Recommendation 

During its deliberations, the committee adopted numerous changes 
in the text of H.R. 12536 which are fully reflected in tlie single amend- 
ment finally recommended as a substitute text for the bill. By a unani- 
mous voice vote, the Committee on Interior and Insular Affairs recom- 
mended the enactment of H.R. 12536, as amended. 

Departmental Reports and Communications 

Various features of the legislation resulted from recommendations 
received from the Departments of the Interior and Agriculture, as 
well as from other agencies. These recommendations and comments 
are printed below, in full. 

It should be noted that recommendations for all of the twelve park 
wilderness designations in the bill have been transmitted to the Con- 
gress at various times by the President as components of various 
annual recommendations for wilderness. In addition, most of the 
designations of wild and scenic rivers, the river studios, and the na- 
tional scenic trial designations incorporated into the bill were trans- 
mitted to the Congress by the President as part of his Environmental 
Message of May 1977. 

U.S. Department of the Interior, 

Office of the Secretary, 
Washington, D.C., Fehruai-y 9, 1978. 
Hon. Morris K. Udall, 

Chairman, Corrmtittee on Interior and Insular Affairs, 
House of Representatvves.^ Washington. B.C. 

De-vr Mr. Chairman : This responds to the request of your com- 
mittee for the views of this Department on H.R. 173, a bill to amend 
section 5(a) of the Wild and Scenic Rivers Act by designating the 
Myakka River in Florida as a potential addition to the National Wild 
and Scenic Rivers System. 

We recommend against the enactment of the bill. 

H.R. 173 would amend section 5(a) of the Wild and Scenic Rivers 
Act by designating the Myakka River in the State of Florida for study 
as a potential component of the National Wild and Scenic Rivers 
System. 

As part of this Department's effort to identify river systems for 
potential study for inclusion in the National Wild and Scenic Rivers 
System, the Bureau of Outdoor Recreation has undertaken and com- 
pleted an inventory of potential wild and scenic rivers in the Floridian 
Physiographic Section. The Myakka River was evaluated in the in- 
ventorv\ Portions of the Myakka are attractive and present good op- 
portunities for viewing wildlife and fishing. However, our evaluation 
of all the rivers and their resources in the Floridian Physiographic 



370 



97 



Section found the Myakka to be of significantly lesser quality than 
several other river segments in the area. 

At the time of the Bureau of Outdoor Recreation inspection, the 
River -was so low that for much of its length only the deeper pools con- 
tained water. According to our information, this condition is not un- 
common during the dry season in the spring of the year. During this 
low water, the River cannot be used for recreational boating in the 
upper two-thirds of its length. 

United States Geological Survey flow data for the period October 
1973 to September 1974 shows the following : 
256 days with flow less than 100 CFS. 
244 days with flow less than 50 CFS. 
141 days with flow less than 10 CFS. 

The average annual discharge is 260 CFS with periods of no flow 
for many days during some years. 

In addition to this lack of year-round flow, the River has been im- 
pounded in Myakka River State Park in two places forming Upper 
and Lower Myakka Lake. Some residential and agricultural develop- 
ment exists on the upper one-third and lower one-third of the River, 
further reducing its natural quality. Our field notes indicate that de- 
velopments have altered 50 percent of the upper third and 10 percent 
of the lower third of the River. 

In view of the information gained from the inventory evaluation, 
we did not find the Myakka River to be one of the top potential rivers 
to be studied for inclusion in the National Wild and Scenic River 
System. This River might possibly be suitable for consideration under 
Section 2(a) for Secretarial designation following action by the State 
to assure the River's protection from further development and desig- 
nation as a State scenic river. 

The Office of Management and Budget has advised that there is no 
objection to the presentation of this report from the standpoint of the 
Administration's program. 



Sincerely, 



Bob Herbst, 

Assistant Secretary. 



U.S. Department of the Interior, 

Office of the Secretary, 
Washington, D.C., November 10, 1977. 
Hon. !MoRRis K. Udall, 

Chairman. Committee on Interior and Insular Afairs, 
House of Representatives, Washington, D.C. 

Dear Mr. Chairman : This responds to your request for the views 
of this Department on H.R. 195 and H.R. 6403, bills to amend the 
Wild and Scenic Rivers Act by designating portions of the Delaware 
River in New York, Pennsylvania, and New Jersey as a component of 
the National Wild and Scenic Rivers System. 

At this time we recommend, instead of these bills, enactment of the 
Administration's proposal to designate a portion of the Upper Dela- 
ware River as a component of the National Wild and Scenic Rivers 
System. 



371 



98 

On May 23. as part of his Environmental Mcssap:e, the President 
transmitted to Contrress the Administration^ proposal concerning the 
Upper Delaware River. This proposal would authorize the Secretai'j' 
of the Interior to include in the Natioiuil V\'il<l and Scenic Rivers Sys- 
tem the sefrnient of the Delaware River from the confluence of its East 
and West branches at Hancock, Xew York downstream 75.4 miles to 
Matamoras, Pennsylvania. The Administration's proposal was devel- 
oped after a thorou«rh study of the Upper Delaware River, as required 
by the Wild and Scenic Rivers Act. The j^roposal would desigTiate as 
a component of the system the entire portion of the river which Con- 
gress directed this Department to study in the National Wild and 
Scenic Rivers Act. 

The Delaware River is a valuable resource which offers sif;nificant 
recreation opportunities in an area of highly concentrated population. 
We hope Congress will expedite consideration of the Administration's 
proposal to preserve this resource. 

The portion of the Delaware River covered by H.R. 195 is approxi- 
mately three miles shorter than the segment covered by the Adminis- 
tration's proposal : under H.R. 195, the designated portion would end 
upstream of Matamoras, Pennsylvania, in Sparrow Bush, Xew York. 
The segment covered by H.R. 6403 would include the segments cov- 
ered by H.R. 195 and the Administration's proposal and would extend, 
further, to the southern boundary of the Delaware Water Gap Na- 
tional Recreation Area. Because of the protection afforded Wild and 
Scenic Rivers, H.R. 6403 would have the effect of de-authorizing the 
proposed Tocks Island Dam. 

In addition to the discrepancies in the bills regarding the segments 
of the river designated for protection, there are substantial differ- 
ences between the Administration's proposal, on the one hand, and 
H.R. 195 and H.R. 6403, on the other hand, regarding the approach 
to be taken by the Secretary of the Interior in managing the river. 

We appreciate the offer of the opportunity to make our views known 
with respect to the preservation of the Delaware River at the field 
hearing on these bills which is to be held in Xew Hope, Pennsylvania 
on November 11. However, we believe that to do so could result in 
focusing the hearing on that position, polarizing the discussions rather 
than accomplishing the purpose of the field hearing, which, we feel, 
is to obtain the views of local citizens and State and local officials with 
regard to their interests in the preservation of the resource and its 
management. 

With respect to the lower portion of the Delaware River, which is 
covered by H.R. 6403 but not bv either H.R. 195 or the Administra- 
tion's proposal, the X^ational Park Service is presently preparing a 
management plan which will be available for Department review 
shortly. 

We are aware of the local concerns caused by pressures for inci-eased 
use of the Delaware River and bv the apparent lack of mananfement of 
the lands which have been acquired for the proposed Tncks Island Res- 
ervoir proiect and the Delaware Water Gap >rational Recreation Area. 
We will have observers present at the field hearinsr on November 11, 
1977, so that we will be aware of the interests expressed by the wit- 



372 



99 

nesses who appear and so that we can reflect them in the discussions 
which will lead to the establishment of our position. 

We hope that early in the next session of Congress a hearing will be 
scheduled on the Administration's proposal concerning the Delaware 
River as well as on H.R. 195 and H.R. 6403. 

The Office of Management and Budget has advised that there is no 
objection to the presentation of this report from the standpoint of the 
Administration's program. 



Sincerely, 



Robert Herbst, 
Assistant Secretary. 



U.S. Department of the Interior, 

Office of the Secretary, 
Washington, D.C., January 25, 1978. 
Hon. Morris K. TTdall, 

Chairman. Corrumittee on Interior and Insular A-ffairs, House of Rep- 
resentatives, Washington, D.C. 

Dear Mr. Chairman : This responds to the request of your commit- 
tee for the views of this Department on H.R. 1771, H.R. 1772, H.R. 
4354 and H.R. 7469, identical bills to enlarge the Sequoia National 
Park in the State of California by adding to such park the Mineral 
King Valley area, to provide for certain planning respecting the man- 
agement of such addition, and for other purposes. 

We recommend that one of these bills are enacted. 

H.R. 1771, H.R. 1772, H.R. 4354 and H.R. 7469 would include the 
Mineral King Valley area, now officially designated as the Sequoia 
National Game Refuge, within the Sequoia National Park and direct 
the Secretary of Agriculture to transfer, without consideration, lands 
within his jurisdiction to the Secretary of the Interior for manage- 
ment as part of the National Park. Terms for management and acquisi- 
tion of private property, permits, and leases are provided ; continuity 
of existing private interests is permitted. The bill would repeal those 
provisions of law which included the refuge in the National Forest. 

The Mineral King Valley contains about 16,200 acres, situated at 
the southern end of Sequoia National Park and bordered by the park 
on the east, north and west. (About 80 percent of the perimeter of 
the Mineral King area is bordered by park). The valley is presently 
administered by the National Forest Service as a part of the Sequoia 
National Forest. It is highly scenic, with a richly vegetated valley 
floor surrounded by tall, rugged mountain peaks and scattered with 
cirques, alpine lakes and streams, forest stands and rock outcroppings. 

Mineral King is a superb Sierra mountain valley. Its unique com- 
bination of high scenic value, its substantially pristine and undevel- 
oped quality, and its relative accessibility, as well as its close geograph- 
ical and ecolo.trical integration with Sequoia National Park, make it 
a worthy and locrical addition to the park. 

The area receives some 25 inches of precipitation annually, mostly 
in the form of heavy snow, with avalanches a common occurrence. 
The soils of the valley are nuite subiert to erosion. The Mineral King 
basin is the headwaters to the East Fork of the Kaweah River, fed 



373 



100 



by tributaries from seven small lakes. Water quality is exceptionally 
good. 

The Forest Service environmental statement for Mineral King 
states that mineral ores are not of sufficient quantity or quality to 
justify profitable exploitation. 

Vegetation is regarded as typical of Sierra mountain zones, but the 
area contains two rare species of understory vegetation and record- 
sized foxtail pines. A noncommercial forest dominates the area, 
although there are some 4,300 acres of potentially commercial timber- 
land. Under Forest Service multiple use plannmg, Mineral King is 
classified as Crest Zone. In this zone, water and recreation are the 
primary management considerations, rather than commercial timber 
production. 

The wildlife population is diverse and includes a stable herd of mule 
deer, small mammals and larger furbearers, black bear, and a variety 
of birds, including raptors, which are of particular concern. There are 
a total of 21 lakes in Slineral King, of which 16 are stocked with rain- 
bow and eastern brook trout. The biological productivity level of the 
lakes is naturally low and these fish populations could not sustain 
themselves without a stocking program. Mineral King is considered 
potential habitat for rare endangered or threatened wildlife species 
that have been found there in the past, including southern bald eagle, 
American peregrine falcon, California condor, wolverine, California 
bighorn sheep, and the spotted owl. 

Current visitor uses of the Mineral King area are primarily rec- 
reational pursuits of camping, hiking, horseback riding, cro.ss-country 
skiing, fishing, hunting for deer and bear, and summer cabin use. The 
Park Service, in 1977, recorded approximately 9.000 vehicles crossing 
the park on the only road providing access to Mineral King. We esti- 
mate this represents about 31,000 people. 

For many users. Mineral King serves as a trailhead for backpackers 
entering Sequoia National Park. In 1977, the Park Service issued 
approximately 5,300 wilderness user permits, covering an estimated 
20,000 people, for entrance to the Park from Mineral King. The Forest 
Service regards the use of present recreation facilities in the valley 
to be at or near capacity levels, and limitations are placed on camp- 
ground users during the busiest periods. 

The Forest Service has contemplated intensive recreational develop- 
ment of Mineral King since the late 1940's. In 1965, the Forest Service 
issued a bid invitation for construction and operation of a ski resort 
at Mineral King. The bid of Walt Disney Productions was accepted, 
and the company received a special-use permit for planning and sur- 
veying in preparation for the master plan. On January 21, 1969, the 
Forest Service approved in concept the Disney master plan. 

The plan envisaged a $35 million complex which would be built on 
80 acres of the valley floor under a 30-year special-use permit from 
the Forest Service (80 is the maximum number of acres which can be 
committed to a long-term special-use permit) and on an additional 
6,000 acres in the valley and on the slopes under revocable year-to- 
year permits. 

Since the original Disney proposal, amended and scaled down pro- 
posals have been discussed. 



374 



101 

In June 1969, the Sierra Club filed suit against the Secretaries of 
Agriculture and Interior to block issuance of the permits required for 
construction of the project and for access through national park lands. 
After years of litigation and a Supreme Court decision on a issue of 
standing, an amended lawsuit still awaits trial in a California Federal 
District Court. 

As a result of the proposed recreational development in the valley, 
Mineral King has become a national issue, a symbolic conflict between 
resource protection and commercial development of iinspoiled natural 
areas. 

The National Park Service completed a feasibility study on the in- 
clusion of the Mineral King Area in the Park in 1976. This study 
found that the ski resort complex proposed by the Disney interests 
would have a significant adverse impact on the resources of the valley, 
on the adjoining national park and the adjacent region. We believe 
the Department and the Administration have a strong basis for recom- 
mending that the Valley be added to the Sequoia National Park. 

If the lands were to be transferred from the Forest Service to the 
National Park Sendee, it is our intention to gradually phase out exist- 
ing Forest Service permits and leases. Sixty-seven summer homes are 
under Forest Service permit ; an additional 20 such homes are on pri- 
vate land in the area of Mineral King known as Silver City, most of 
the summer cabin permits were to terminate on December 31, 1976, a 
few terminate at the end of 1977 and 1978, and some are annual per- 
mits. However, because of the litigation regarding this issue, and thus 
the uncertainty about the ski resort development, the Forest Service 
notified the permittees that upon the permittees acceptance, the per- 
mits would be extend to an expiration date of no later than December 
31,1978. 

The terms of the Forest Service permits provide, among other 
things, that the permits are not transferable, that they may be ter- 
minated at the discretion of the Forest Service, and that upon cancella- 
tion of the permit the permittee shall remove structures and improve- 
ments unless otherwise agreed upon, or be liable to such removal. The 
National Park Service would expect to re-issue permits on similar 
terms. 

We recommend that H.R. 1771 be amended as discussed below. 

1. The subject bills provide for 15,600 acres of the Mineral King 
Valley to be added to Sequoia National Park. However, we have re- 
cently completed a detailed cost estimate of the lands within the Min- 
eral King Valley and find it to consist of approximately 15,400 acres 
of Federal land and 741.58 acres of private land for a total of 16,141.58 
acres. We, therefore, recommend that the subject bills be amended to 
reflect an acreage of approximately 16,200 acres. The cost of acquiring 
the private lands in fee is estimated at about $5,350,000. 

2. The last sentence of section 5(a) of all the bills implies that au- 
thorities applicable to the Fish and Wildlife Service or the Bureau of 
Land Management might be used to manage this addition to Sequoia 
National Park. If the Mineral King Valley is added to- the park, the 
existing authorities for administration of the National Park System 
will be adequate to manage this area; the last sentence of section 5(a) 
is unnecessary. 



376 



102 

3. Tliere are references to "recreational area" in each bill : the term 
"recreation area" on page 2, line 23, and page 5, line 1 in II.R. 1771; 
should be replaced by the term "park" to be consistent with page 2. line 
8 in H.R. 1771, to avoid any misundei-standing over the intended cate- 
gory of this area. Each bill should be so amended. 

4. There is a technical error in all the bills. The statutory reference 
on page 6, line 2 of H.R. 1771 should l>e 26 Stat. 478. Each bill should 
be changed accordingly. 

5. Section 6 of the subject bills calls for preparation and submission 
of a comprehensive management plan with extensive public participa- 
tion. However, section 12(b) of the Act of October 7, 1976 (90 Stat. 
1943) requires general management plans to be prepared for the de- 
velopment of each unit of the National Park System. We believe that 
the management plan for the Mineral King Valley should be incor- 
porated as part of a revised Sequoia Xational Park General Manage- 
ment Plan reflecting the additional resources of the Mineral King Val- 
ley and the objectives for managing them. Only in this manner can the 
intent of the bill be accomplished in taking: a truly comprehensive ap- 
proach in planning for this area. National Park Service planning 
procedure will be utilized in amendinfj thf^ park's General Manage- 
ment Plan to include the Mineral King Valley. That procedure relies 
greatly on public discussion and involvement. Accordingly, we believe 
that section 6 of all the bills is unnecessary. 

In conclusion, we support enactment of H.R. 1771 or a similar bill, 
with amendments recommended above. 

The Office of Management and Budget has advised that there is no 
objection to the presentation of this report from the standpoint of the 
Administration's program. 
Sincerely, 

Bob Herbst, 
Assistant Secretary. 

U.S. Department op the Interior, 

Offi(!e of the Secretary, 
Washington, D.C, January 5, lff78. 
Hon. Morris K. Udall, 

Chairman^ Com/mittee on Interior and Insular Affairs, 
House of Representatives, Washington, D.C. 

Dear Mr. Chairman : This responds to your request for our views 
on H.R. 6389, a bill to amend the Wild and Scenic Rivers Act. 

H.R. 6389 would add a segment of the Escatawpa River in Alabama 
and Mississippi to the list of rivers in section 5(a) of the Wild and 
Scenic Rivers Act designated for study :is potential additions to the 
National Wild and Scenic Rivers System. We estimate this study 
would take 18 to 24 months at a cost of $125,000 to $150,000. 

We recommend against enactment of the bill at this time. 

The Bureau of Outdoor Recreation of this Department is currently 
conducting a basic wild and scenic river inventory in an attempt to 
identify rivers which qualify for inclusion in the Wild and Scenic 
Rivers System. 

Until we finish our basic Wild and Scenic Rivers inventory and 
have an opportunity to rank the rivers in an order of priority, we 
believe the Confess should defer action on this proposal. 



376 



103 



The Office of Management and Budget has advised that there is no 
objection to the presentation of this report from the standpoint of the 
Administration's program. 



Sincerely, 



Bob Herbst, 

Assistant Secretary. 



U.S. Department of the Interior, 

Office of the Secretary, 
Washington, D.C., September 30, 1977. 
Hon. Morris K. Udall, 

Chairman, Committee on Interior and Insular Ajfairs, House of Rep- 
resentatives, Washington, D.C. 

Dear Mr. Chairman: This responds to the request of your com- 
mittee for the views of this Department on H.R. 6625, a bill to provide 
for the establishment of a Pine Barrens National Ecological Reserve 
in the State of New Jersey, and for other purposes. 

We recommend that consideration of H.R. 6625 be deferred at this 
time. 

H.R. 6625 directs the Secretary of the Interior to make 75 percent 
grants to the State of New Jersey to develop a land use plan to pre- 
serve the Pine Bairens, a 970,000-acre area in southern New Jersey, 
provided that within one year the State take? a number of actions to 
satisfy the Secretary with its planning capability. 

The Secretary is directed to establish guidelines for the land use 
plan requiring it to include provisions for scenic, conservation, and 
recreational uses. The Secretary is directed to provide technical assist- 
ance to a 12-member State Management Commission which would 
develop and implement the land use plan in consultation with a 13- 
member Advisory Commission appointed by the Governor of New 
Jersey. The plan must be developed and submitted to the Secretary 
within 18 months after the State begins receiving planning grants. 

Following approval of the plan the Secretary is authorized to: 

(1) establish the Reserve by publication of notice in the Federal 
Register; 

(2) acquire up to 50,000 acres of ecologically critical lands 
within the Reserve and to transfer title to these lands to the State 
subject to a riarht of reverter to the U.S. ; and 

(3) make 75 percent grants to the State Management Commis- 
sion for a 10-year period to implement the plan by using the 
money for, among other things, additional land acquisition. 

The bill authorizes the appropriation of $500,000 to develop the 
plan, $25 million for land acquisition by the Secretarv, and $25 mil- 
lion for the plan implementation grants to the State Commission. 

In the event the Secretary does not approve the Statx^ plan or deter- 
mines the State Commission is not implementing it, he is authorized 
to: 

(1) establish a federally managed National Ecological Reserve; 
(qS dispose of the lands which have reverted to the Federal 
Government ; or 



377 



104 



(3) manage such lands or any other Federal lands within the 
Reserve for such purposes as lio dooms appropriate. 

If the Secretary established a federally managed National Ecologi- 
cal Reserve pursuant to H.R. 6625, he would be authorized to acquire 
lands within the 970,000-acre Reserve, or enter into agreements for 
lands in local government ownership to be managed by the local juris- 
dictions to accomplish the purposes of H.R. 6625, or any combination 
of such acquisition and agreements. 

The New Jersey Pine Barrens is the most extensive remaining tract 
of wild open space wild-land in the Middle Atlantic Seaboard region ; 
consisting of 970,000 acres of land and water in six counties of the 
Atlantic Coastal Plain in the southeastern part of the State. The Pine 
Barrens area is located in the southern half of the State of New Jersey 
between the famous seaside resorts of the South Jersey Shore and the 
major New York-Philadelphia corridor. In earlier times this vast 
forest of pine and oak covered 2,000 square miles of Southern New 
Jersey. Today, the area encompasses only 1,500 square miles due to 
development trends which have rapidly changed the wilderness char- 
acter of the area. 

Perhaps the most important resource of the Pine Barrens is water, 
most of which is contained in an enormous natural imderground reser- 
voir, equivalent to a lake 2,000 square miles in area and averaging 
about 37 feet deep. This amounts to about 17.7 trillion gallons, a vol- 
ume equivalent to the total precipitation in the region over a 10-year 
period. Because of the loose, sandy and gravelly condition of the soil 
in this area, this water is highly susceptible to most forms of pollution 
and contamination, especially since the water table is seldom more than 
20 feet beneath the surface. As a result, contaminants and pollutants 
can readily enter, and move long distances by the ground water 
reser\'oir. 

The Department recommends that the committee defer action on 
H.R. 6625 until we have an opportunity to consider the preservation 
of the Pine Barrens area in the context of the National Heritage Trust 
program which the Administration will soon announce. There are sev- 
eral programatic concepts included in the Heritage Trust program 
which should be fully considered in relationship to the presenation 
of the Pine Barrens area. 

We do not note, however, the grants authorized by H.R. 6625, pro- 
vide for a 75 percent Federal share whereas the Land and Water Con- 
servation Fund provide for 50 percent Federal share. From an Ad- 
ministrative standpoint, we generally oppose the creation of separate 
grants which accomplish the purposes for which the Land and Water 
Conservation Fund was established, but which pro\'ide for a different 
Federal matching share. 

The Office of Management and Budget has advised that there is no 
objection to the presentation of this proposed report from the stand- 
point of the Administration's program. 
Sincerely, 

Bob Herbst, 
Assistant Secretary. 



378 



105 

U.S. Department of the Interior, 

Office of the Secretary 
Washington, B.C., May 26, 1977. 
Hon. Thomas P. O'Neill, Jr., 
Speaker of the House of Representatives, 
Washington, D.C. 

Dear Mr. Speaker : At the direction of the President and as part of 
his message on the Environment, enclosed is a draft bill to amend the 
Wild and Scenic Rivers Act by designating certain rivers for study 
as potential additions to the National Wild and Scenic Rivers System. 

We recommend that the bill be referred to the appropriate com- 
mittee for consideration and that it be enacted. 

Section 5(a) of the Wild and Scenic Rivers Act of October 2, 1968, 
as amended (82 Stat. 910; 16 U.S.C. 1276(a) ) designated 27 rivers for 
study as potential additions to the National Wild and Scenic Rivers 
System and required that the studies be completed within 10 years. P.L. 
93-621, dated January 3, 1975. amended the Act by adding 29 addi- 
tional rivers to section 5(a) and required that, with one exception, the 
study of these rivers be completed by October 2, 1979. The exception 
is that the study of the Dolores River, Colorado must be completed by 
January 3, 1976. Our present schedules provide for completion of the 
studies by the established deadlines. 

The 20 rivers identified in the draft bill are those which were in- 
cluded in this Department's legislative proposal to the 93rd Congress 
for study under section 5(a) of the Act, but which were not included 
in Public Law 93-621. Two rivers submitted in that proposal — the 
Little Missouri, North Dakota and the Blackfoot River, Montana — are 
not included in this draft bill. The Little Missouri, North Dakota has 
been protected by State action, and private actions are underway to 
protect portions of the Blackfoot River, Montana. Further, the study 
boundaries of the 20 rivers included in the draft bill have been more 
specifically defined. 

Section 1 of the enclosed draft bill would add these rivers to the 
existing "study list" in section 5(a) of the Wild and Scenic Rivers 
Act. Lender the terms of the Act. the Secretary of the Interior — and 
where National Forest lands are involved, the Secretary of Agricul- 
ture — would be required to study the rivers and then report to the 
Congress. Section 1(b) of the draft bill would require that, except 
for the Green River in L"^tah, the studies of the identified rivers be 
completed and reports thereon transmitted to the Congress within 2 
full fiscal years after enactment of the bill. Further, it would author- 
ize the appropriation of not to exceed $2,800,000 for the conduct of 
the studies. 

It should be noted that 13 of the rivers listed in the enclosed draft 
bill were identified by the Secretaries of the Interior and Agriculture 
as potential national wild, scenic and recreational river areas in 1970 
pursuant to section 5(d) of the Wild and Scenic Rivers Act. Notice 
of such identification was published in the Federal Register of Oc- 
tober 29, 1970 C35 F.R. 16693). Since that date, all Federal agencies 
have been required, in their planning reports concerning these rivers, 



379 



106 



to evaluate their wild, scenic or recreational potential as alternative 
uses of the water and related land resources involved. 

The enclosed legislative proposal reflects the recommendations from 
members of an Intei-departmental Study Group on Wild and Scenic 
Rivei-s, This group was established following passage of the 1968 
Act for the purpose of coordinating and reviewing requiretl studies, 
and to identify additional rivers which appear to have outstanding 
resources sufficient for addition to section 5(a) as rivers to be studied 
for possible inclusion in the System. This group consists of repre- 
sentatives from the Departments of the Interior, Agriculture and 
Army, the Tennessee Valley Authority and the Environmental Pro- 
tection Agency. During the coui"se of its work, this group received 
numerous recommendations from Federal, State and local agencies 
and individuals conc>eming these additional study rivers. 

During review o.f the legislative proposal, the Tennessee Valley 
Authority (TVA) identified its interest m possible uranium reserves 
along a portion of the Green River in Utah proposed for study. If 
the area is authorized for study, section 9(b) of the Wild and Scenic 
Rivers Act will preclude further uranium exploration and develop- 
ment activity pending completion of the study and action by the 
Congress on any recommendation for designation. To minimize the 
impact of designation on TVA's activities, the Department of the 
Interior has agreed to (1) a 2 full fiscal year study period rather than 
the 5 full fiscal year period proposed for the other studies, (2) re- 
strict the study designation to the main stem of the river, and (3) 
consider alternative boundary proposals which would minimize the 
impact of designation of those sections of the river which might be 
proposed for a wild river classification. It further points out that the 
study will be conducted under the Water Resources Council's princi- 
ples and Standards. Thus, at the time final Congressional action on 
wild and scenic designation is being considered, all interests can be 
taken into account and an informed decision made. 

This proposal has been developed with full cooperation of the De- 
partment of Agriculture due to the mutual interests of the two De- 
partments in the National Wild and Scenic Rivers program. It should 
be noted that the Department of Agriculture administers a number 
of land and water resource projects in the vicinity of the rivers pro- 
posed for study in the draft bill and that both Departments manage 
Federal lands in portions of the river areas. The continuation of these 
projects and management activities are not viewed as conflicting with 
the protection afforded under section 7(b) of the Wild and Scenic 
River Act. 

The Office of Management and Budget has adWsed that this legis- 
lative proposal is in accord with the program of the President. 
Sincerely, 

Cecil D. Andrus, Secretary. 

Enclosure. 

A BILL To amend the Wild and Scenic Rivers Act by designating certain rivers 
for study as potential additions to the National Wild and Scenic Rivers 
System 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled^ That the Wild and 



38-854 O - 79 - 25 



380 



107 

Scenic Rivers Act (82 Stat. 906; 16 U.S.C. 1271), as amended, is fur- 
ther amended at follows : 

(a) In section 5(a) after paragraph (58) insert the following new 
paragraphs : 

"(59) Gila, New Mexico: the main stem from the Arizona-New 
Mexico border but excluding the authorized Hooker Reservoir site or 
alternative suitable to the requirements of P.L. 90-537; the West Fork 
to its headwaters ; the East Fork to the junction of Taylor and Beaver 
Creeks; and the Middle Fork from the junction of Galita and Willow 
Creeks to its confluence with the West Fork. 

"(60) Green, Utah: the main stem below Flaming Gorge Reser- 
voir, except for the reach from the town of Jensen, Utah, to the bound- 
ary of the Dinosaur National Monument. 

" (61) Illinois, Arkansas : the entire river from its source to Arkan- 
sas-Oklahoma border. 

"(62) Kern (North Fork), California: the main stem from its 
source to Isabella Reservoir. 

"(63) Shenandoah. Virginia and West Virginia: the main stem, 
the North Fork from Front Royal to Brocks Gap, and the South Fork 
from Front Royal to Waynesboro. 

" (64) Sweetwater, Wyoming : the main stem from its source down- 
stream to Wilson Bar. 

" (65) Cacapon, West Virginia : the entire river. 

"(66) Columbia, Washington: the main stem from Priest Rapids 
• Dam to McNary Reservoir. 

"(67) Guadalupe. Texas: the entire river from its source to N^w 
Braunfels but excluding Canyon Reservoir. 

"(68) John Day, Oregon: the main stem from Service Creek up- 
stream to its confluence with North Fork ; the North Fork upstream to 
Baldy Creek and Granite Creek upstream to Clear Creek. 

" ( 69 ) Loxahatchee, Florida : the entire river including its tributary, 
North Fork. 

"(70) Niobrara, Nebraska: the main stem from Antelope Creek to 
Sparks Gauging Station. 

"(71) Tangipahoa, Louisiana and Mississippi: the entire river. 

"(72) Yellowstone, Wyoming and Montana: the main stem from 
Yellowstone Lake to Pompey's Pillar. 

" (73) Delta, Alaska : the main stem from its source to Black Rapids. 

"(74) Gulkana, Alaska: the entire river including its tributaries, 
West and Middle Forks. 

"(75) Madison, Montana : the main stem from Earthquake Lake to 
Ennis Lake. 

" (76) Ogeechee, Georgia : the entire river. 

"(77) Salt, Arizona : the main stem upstream from the Salt River 
bridge on Arizona Highway 288; and its major tributaries (including 
the White and Black Rivers). 

"(78) Wenatchee, Washington: the main stem including Lake 
Wenatchee, and its tributaries, the Little Wenatchee, ^'STiite and 
Chiwawa Rivers." 

(b) In section 5(b) redesignate existing paragraph "(3)" as "(4)" 
and inseit the following new paragraph "(3)": 

"(3) Except for the liver named in subparagraph (60). the studies 
of rivers^ named in subparagniplis (59) through (78) of subsection 
(a) of this section shall be completed and reports thereon submitted 



381 



106 

not later than five full fiscal years after the date of enactment of this 
para<rraph. The study of the river named in subparagraph (6()) shall 
be completed and the report thereon submitted not later than two 
full fiscal years after the date of enactment of this paragraph. There 
are authorized to be appropriated for the purpose of conducting the 
studies of the rivers named in said subparagraphs such sums as may 
be necessary, but not more than $2,800,000." 

U.S. Department of the Interior. 

Office of the Secretary. 
W<Mhinfftan. D.C.. May 26, 1977. 
Hon. Thokas P. O'Xeiix. Jr., 
Speaker of the House of Representatives, 
WasMngt&n, D.C. 

Dear Mr, Spe.\ker: At the direction of the President, enclosed is a 
draft bill to amend the Wild and Scenic Rivers Act by increasing the 
appropriation authorizations therein, and for other purposes. 

We recommend that the bill be referred to the appropriate Com- 
mittee for consideration, and that it be enacted. 

The enclosed draft bill amends section 5(b)(3) of the 1968 Wild 
and Scenic Rivers Act. as added by Public Law 93-621 (16 U.S.C. 1276 
(b)(3)). by increasing the appropriation ceiling in that section for 
the study of the rivers listed in paragraphs (22) through (56) of sec- 
tion 5(a) of the Act. The bill would raise the existing S2. 175.000 ceil- 
ing established by Public Law 93-^21 to $i,060,000— a $1,885,000 in- 
crease. 

As was recognized during the hearings in the 93d Congress on S. 
3022, the bill which became Public Law 93-621. the then $75,000 aver- 
age cost estimate for each of the 29 river studies authorized by that 
law was a conservative figure. It was recognized that this figure would 
escalate rapidly if the Federal agencies conducting the studies were 
to comply with the Water Resources Council's Principles and Stand- 
ards for Planning Water and Related Land Resources. One of our 
most recent wild and scenic river studies cost $216,000. Another river 
study has cost in excess of $156,000 to date. An analysis of the possible 
cost to complete the 29 river studies authorized by Public Law 93-621 
indicates there will be an average cost of $140,000 per river. This 
means an increase of $65,000 in the average cost per river study over 
that provided in Public Law 93-621 which amounts to the total $1,885.- 
000 increase requested in the enclosed bill. Of course, if the studies 
can be completed for less, this amount will not be spent. 

The draft bill also amends sections 3(a) (10) and 16(a) of the Wild 
and Scenic Rivers Act by increasing the appropriation ceilings in 
these sections for acquisition of land and interests in land along five 
of the federally administered components of the National Wild and 
Scenic Rivers System. The enclosed bill would authorize an addi- 
tional $22,000,000 to complete acquisitions at these river areas, with 
the increased cost for each area being as follows : 

1. Chattooga. X.C. S.C. and Ga $3,200,000 

2. Eleven Point. Mo 5.500.000 

.^ Rogne. Ores 2.700.000 

4. Upper St. Croix. Minn, and Wis 10.000.000 

n. Salmon. Middle Fork, Idaho 600.000 

22,000.000 



382 



109 

These increased appropriation authorizations are needed because of 
the extremely rapid escalation in land values within the five compo- 
nents, and because some of the earlier land cost estimates of Federal 
agencies proved to be too low. The latter was due primarily to court 
awards in condemnation proceedings being substantially above agency 
acquisition estimates. 

The Office of Management and Budget has advised that this legis- 
lative proposal is in accord with the program of the President. 
Sincerely, 

Cecil D. Andrus, Secretary. 

Enclosure. 

A BILL To amend the Wild and Scenic Rivers Act by increasing the appropria- 
tion authorizations therein, and for other purposes 

Be it enacted l>y the Senate and House of Representatives of the 
United States of America in Congress assernbled. That the Wild and 
Scenic Rivers Act of October 2, 1968 (82 Stat. 906; 16 U.S.C. 1271 
et seq.), as amended, is further amended as follows: 

(a) In section 5(b)(3) delete $2,175,000" and substitute therefor 
"$4,060,000". 

(b) In section 3(a) (10) concerning the Chattooga River in North 
Carolina, South Carolina, and Georgia, delete "$2,000,000" and sub- 
stitute therefor "$5,200,000"; and in section 16(a) delete (1) "Eleven 
Point, Missouri, $4,906,500" and substitute therefor "Eleven Point, 
Missouri, $10,406,500", and (2) "Rogue, Oregon, $12,447,200; St. 
Croix, Minnesota and Wisconsin, $11,768,550; Salmon, Middle Fork, 
Idaho, $1,237,100" and substitute therefor "Rogue, Oregon, $15,147,- 
200 ; St. Croix, Minnesota and Wisconsin, $21,768,550 ; Salmon, Mid- 
dle Fork, Idaho, $1,837,100". 

Pennsylvania Avenue DEVEL0P]vtENT Corporation, 

Washington, D.O., Jarmary 5, 1978. 
Hon. Thomas P. O'Neill, Jr., 
Speaker of the House of Representatives., 
Washington., D.C. 

Dear Mr. Speaker : Transmitted herewith for referral to the appro- 
priate committee is a draft bill prepared by the Pennsylvania Avenue 
Development Corporation to amend the Pennsylvania Avenue Devel- 
opment Corporation Act of 1972 to authorize appropriations and bor- 
rowings from the United States Treasury to further implementation 
of the development plan for Pennsylvania Avenue between the Capitol 
and the "\^^lite House, and for other purposes. The proposed legisla- 
tion is designed to authorize additional capita] funding for the com- 
prehensive plan to revitalize the Avenue and its northern environs 
between Third Street, Northwest, and the Executive Precinct. The 
draft bill would also update the Corporation's enabling act through 
minor technical amendments. 

The Pennsylvania Avenue Development Corporation was estab- 
lished as a wholly owned instrumentality of the United States by Act 
of Congress on October 27, 1972. It is vested with powers both to 
prepare a development plan, and to carry it out by acquiring and 
managing property, regulating development, and constructing public 
improvements. After completing preparation of the "Pennsylvania 
Avenue Plan — 1974", the Corporation submitted it with supporting 



383 



110 

documents to Conjjress for review. The plan was approved effective 
May 19, 1975, and a number of projects are now under way. 

In summary, the draft bill would amend the Pennsylvania Avenue 
Development Corporation Act of 1972 (Pub. L. 92-578, 86 Stat. 1266, 
as amended) in the following: ways: (1) The provision of section 6 
which authorizes borrowing's from the United Stat*>s Treasury would 
be amended to increase the debt limit from $50 million to $100 million 
and, the period during: which the Corporation may borrow would be 
revised to terminate at the end of fiscal year 1990, rather than 1980; 
(2) Two new parae:raphs would be inserted in Section 6 dealing: with 
the power of the Corporation to facilitate street closing's and trans- 
fers of public reservations of land in furtherance of the Plan ; (3) Sec- 
tion 17, the authorization of appropriations, would be amended to au- 
thorize salaries and expenses and funds for public improvements 
througjh fiscal year 1980; and, (4) Several minor technical amend- 
ments would be made in the PADC Act to reflect org:anizational 
chang:es in the local g:overnment under the District of Columbia Home 
Rule Act of 1973. Specifically : references to the Commissioner of the 
District of Columbia would be chang:ed to i-eferences to the Mayor of 
the District of Columbia ; reference to the Chairman of the District of 
Columbia Redevelopment Land Agency would be chang:ed to reference 
to the Director of the District of Columbia Department of Housing 
and Community Development; and, references to the Redevelopment 
Land Ag:ency would be deleted. 

A comprehensive section-by-section analysis of the enclosed pro- 
posed leg:islation is attached. 

The authorizations proposed in this draft bill are necessary to al- 
low continued capital funding: of the Pennsylvania Avenue Plan, in- 
cludina: the requests made in the President's Budget for Fiscal Year 
1979. The proposed legislation will have no budgetary impact on fiscal 
year 1978. 

The Office of Manag:ement and Budg:et has advised that there is no 
objection, from the standpoint of the Administration's program, to 
the submission of this legislation and that its enactment would be in 
accord with the program of the President. 
Sincerely, 

E. R. Qttesada, Chairman. 

Enclosures. 

Section-by-Sectiox An.alysis 
Section 1 

The first section of the bill proposes a number of tex'hnical amend- 
ments, primarily to conform the langua2:e of the Pennsylvania Ave- 
nue Development Corporation Act of 1972 (the "Act") to organiza- 
tional changes made in the District Government by the District of Co- 
lumbia Homo Rule Act of 1973. Specifically, references to the Com- 
missioner of the District of Columbia would be changed to references 
to the Mayor of the District of Columbia; reference to the Chairman 
of the District of Columbia Redevelopment Land Agency would be 
changed to reference to the Director of the District of Columbia De- 
partment of Housing and Community Development ; references to the 
Redevelopment Land Agency would be deleted. Additionally, the erro- 
neous citation in section 4(a) of the Act to a provision of Title 5, 
United States Code would be con-ected. 



384 

111 

Section 2 

This section of the bill would increase from $50 million to $100 mil- 
lion the authority of the Corporation to borrow from the United States 
Treasury to carry out the development plan. The amounts to be bor- 
rowed under this clause are to purchase, assemble, and prepare land 
for ground lease or sale to private developers. The borrowed money 
and interest thereon, would be secured by the land and repaid by the 
Corporation from the revenues received from developers. Borrowings 
used to purchase land to be devoted to public purposes would be repaid 
from appropriations earmarked for such public purposes in the Cor- 
poration's budget. A further change proposed in this section of the bill 
is to extend the period duiing which borrowing may take place from 
June 3 [sic] 1980, to September 30, 1990. Other aspects of the borrow- 
ing authority in the initial enabling Act are unaffected. For example, 
actual borrowings may only be in the amounts included in appropria- 
tion acts ; the terms of each borrowing are to be set by the Secretary of 
the Treasury ; and, obligations may not exceed 40 years. 

Section 3 

This part of the bill would add two new paragraphs, "(19)" and 
"(20)" to section 6 of the Act to facilitate the closing of streets in the 
development area according to the aproved plan, and to permit certain 
transfers of jurisdiction and ownership over public parcels of land. 
Specifically, "new" paragraph 19 authorizes the Mayor of the District 
of Columbia to convey to the Corporation the United States' title to 
streets closed by the D.C. Council in furtherance of the Plan. Portions 
of the streets to be closed will be reutilized for public purposes in newly 
created open areas, and the balance will be included in the assembly of 
development sites. Although most of the streets to be closed under the 
plan are titled in the United States, authority is also provided for the 
Mayor to convey to the Corporation the District's title to streets that 
are not federally titled. Under existing District of Columbia law cer- 
tain alleys, upon closing, revert to the owners of abutting property. 
This section provides that the Corporation will compensate abutting 
owners for the fair market value of closed alley land which would have 
reverted, but for the provisions of this paragraph. The Corporation 
is also required to pay the District of Columbia for the administrative 
costs of any closing under this paragraph. "New" paragraph (20) 
allows the Corporation to transfer title, lesser interests, or jurisdic- 
tion in its real property which is to be devoted to public purposes, and 
authorizes Federal agencies, such as the National Park Service or the 
General Services Administration, and District agencies to accept such 
transfers. These authorizations will aid the assembly and future main- 
tenance of public spaces, parks, and sidewalks developed under the 
Plan. The Director of the National Park Service, conversely, is author- 
ized to convey land under his jurisdiction to the Corporation to fur- 
ther facilitate assembly of new public spaces, such as Western Plaza. 
The last clause in this proposed paragraph is included to assure that the 
Corporation can utilize portions of land that may be transferred by the 
Director of National Parks for any public or private development 
consistent with the Plan, notwithstanding the general prohibition of 
40 U.S.C 68. That law, passed in 1912, prohibits the erection of any 



385 



112 

buildings or structures on any public o^rounds of the Ignited States in 
the District of Columbia without express Congressional autliorization. 

A BILL To amend the Pennsylvania Avenue Development Corporation Act of 
1972 to authorize appropriations and borrowings from the United States 
Treasury to further implementation of the development plan for Pennsylvania 
Avenue between the Capitol and the White House, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled^ That the Pennsyl- 
vania Avenue Development Corporation Act of 1972 (Public Law 92- 
578; 86 Stat. 1266), as amended, is further amended as follows: 

1. By striking : 

(a) in paragraph (c) of section 3: "(6) The Commissioner of 
the District of Columbia;" and by substituting in lieu thereof 
"(6) The Mayor of the District of Columbia;"; and by inserting 
"The Mayor" in lieu of "The Commissioner" of the District of 
Columbia, wherever it occurs in this Act; 

(b) in paragraph (c) of section 3; "(7) The Chairman, District 
of Columbia Council;" and by inserting in lieu thereof "The 
Chairman, Council of the District of Columbia" ; 

(c) in paragraph (g) of section 3: "(8) The Chairman of the 
District of Columbia Redevelopment Land Agency." and by in- 
serting in lieu thereof " (8) The Director of the District of Colum- 
bia Department of Housing and Community Development." ; 

(d) in paragraph (a) of section 4: "subchapter 53" and by in- 
serting in lieu thereof "subchapter III of Chapter 53" ; 

(e) in paragraph (f) of section 5: "The District of Columbia 
government, and the District of Columbia Redevelopment Land 
Agency." and by inserting in lieu thereof "and the District of 
Columbia government." ; 

(f) in paragraph (b) of section 8; "Redevelopment Land 
Agency" wherever it occurs and by inserting in lieu thereof "gov- 
ernment." 

2. By striking in paragraph (10) of section 6 the figure $50,000,000" 
and inserting in lieu thereof "$100,000,000" and, by striking in that 
paragraph the date "June 3, 1980" and inserting in lieu thereof "Sep- 
tember 30, 1990". 

3. By redesign a tins: paragraphs "(19)" through "(22)" in section 6 
as paragraphs "(21)" through "(24)" and by inserting the following 
new paragraphs : 

"(19) shall reque-st the Council of the District of Columbia, 
when required for implementation of the development plan, to 
close any street, road, highway, alley, or any part thereof in the 
development area. If the title to the street, road, highway or alley 
so closed is in the United States, the Mayor of the District of 
Columbia shall convey the title to the land on behalf of the United 
States to the Corporation, without cost, except that the Corpora- 
tion shall reimburse the District of Columbia for the administra- 
tive expenses of the action. If the title to the street, road, hirrhway 
or alley so closed is not in the United States, the Mavor shall con- 
vey title to the land on behalf of the District of Columbia to the 
Corporation, without cost, except that the Corporation shall re- 
imburse the District of Columbia for the administrative costs of 



386 



113 

the action; Provided, that if the land would have reverted to a 
private abutting property owner under otherwise applicable law 
of the District of Columbia, the Corporation shall pay such owner 
the fair market value of the land that would have reverted to him. 
"(20) may transfer title to, interests in, or jurisdiction over real 
property which has been acquired by the Corporation and is to be 
devoted to public uses under the development plan, to any agency 
of the United States or the District of Columbia. Agencies of the 
United States or the District of Columbia may accept such trans- 
fers under this paragraph, and shall thereafter administer and 
maintain the property in accordance with the development plan 
and the terms of any transfer agreement. The Director of National 
Park Service may transfer title to or interest in public reserva- 
tions, roadways, spaces, or parks under his jurisdiction within 
the development area to the Corporation to facilitate implementa- 
tion of the development plan; and, notwithstanding any other 
provision of law, the Corporation may utilize such transferred 
property for any public or private development consistent with 
the plan.". 
4. By striking in subsection 17(a) all after the phrase "through 
September 30, 1976;" and inserting in lieu thereof "and $2,000,000 
each, for the fiscal years ending September 30, 1979, and Septem- 
ber 30, 1980."; and by striking in subsection 17(b) all before the 
proviso, and inserting in lieu thereof, "To carry out implementation of 
the development plan authorized by section 5 of this Act, there is 
authorized to be appropriated to the Corporation until Septem- 
ber 30, 1980 such sums as may be necessary, and any amount so appro- 
priated shall remain available for obligation until September 30, 
1990.". 

U.S. Department of the Interior, 

Office of the Secretary, 
Washington, B.C., March 20, 1978. 
Hon. Thomas P. O'Neill, Jr., 
Speaker of the House of Representatives, 
Washington B.C. 

Dear Mr. Speaker: Enclosed is a draft bill which amends the Res- 
ervoir Salvage Act of June 27, 1960 (74 Stat. 220; 16 U.S.C. 469) as 
amended on May 24, 1974 by 88 Stat. 174 (16 U.S.C. 469a). 

The purpose of this bill is to expand and continue the programs 
authorized in the 1974 amendment, under the direction of the Secre- 
tary of the Interior, for fiscal year 1979 and 1980. The program con- 
sists of the scientific recovery, preservation and study of significant 
archeological or historic materials and data which might be irrevo- 
cably lost or destroyed during Federal of federally-related, permitted 
or licensed construction activities. 

The 1960 law required the head of any Federal agency engaged in 
or licensing dam construction to notify the Secretary of the Interior 
of any plans for water resource development that might threaten ar- 
cheological resources. The Secretary was authorized to undertake 
archeological salvage investigations in such project areas. 

In 1974, the inter-agency archeological investigations and salvage 
program was extended to all Federal, federally assisted, and federally 



387 



114 

permitted or licensed projects that might impact adversely on archeo- 
logical and historic resources. As much as one percent of the total 
amount authorized to be appropriated for a Federal project could be 
applied to the recovery of archeological materials and data by the 
Federal agency responsible for a federal construction project or fed- 
erally licensed project, activity, or program. These funds are avail- 
able after the Federal planning process is completed and a decision to 
proceed with a given project has been made. Tlie 1974 amendment also 
provided funding to the Secretary of the Interior — for fiscal years 
1974 through 1978 — for purposes of programs administration and for 
investigations and salvage with regard to Federal or federally related 
projects in which the responsible Federal agency has no authority to 
fund salvage costs itself; has not received the appropriation or re- 
programming of the authorized one percent funding ; or, requires addi- 
tional assistance to satisfactorily salvage the resource. The proposed 
bill extends these funding authorizations for two more ye-ars. 

The program is administered by the Heritage Conservation and 
Recreation Service. It has accomplished outstanding results in pre- 
venting the irretrievable loss of significant data and artifacts that 
otherwise would have been destroyed as a result of Federal or feder- 
ally-related construction activities. The program has also contributed 
to the expansion of scientific knowledge for the intellectual nourish- 
ment of the American people. J^ducational institutions, scientific or- 
ganization, and museums have directly contributed to the success of 
this program and are vitally concerned for its continuation. 

The cost of this program is estimated as follows : To continue section 
3(b) programs for FY 1979— $200,000, FY 1980— such sums as may 
be necessary; and to continue section 4(a) programs for FY 1979— 
$2,000,000. FY 1980 — such sums as may be necessary; all such appro- 
priations shall remain available until expended. 

We strongly recommend that the enclosed bill be enacted to permit 
the Secretary to continue to respond to the need which Congress has 
earlier recognized. 

The Office of ^Management and Budget has advised that this pro- 
posed legislation is in accord with the program of the President. 
Sincerely, 

Bob Herbst, Assistant Secretary. 

Enclosure. 

A BILL To amend the Act of June 27, 1960 (74 Stat. 220) as amended by Act of 
May 24. 1974 (88 Stat. 174, 176: 16 U.S.C. 469) relating to the preserva- 
tion of historical and archeological data : to authorize appropriations under 
section 3(b) and 4(a) for fiscal years 1979 and 1980, and for other purposes 

Be it enacted hy the Senate and Hovse of Re/presentatives of the 
United States of America in Congress assemhled. That the Act of 
June 27. 1960 (74 Stat. 220) a amended May 24, 1974 (88 Stat. 174, 
176 ; 16 U.S.C. 469) is amended as follows : 

(1) In section 7(b), delete the "and" following "1977:", change 
the period at the end of the sentence to a semicolon, and add the 
following words: "$300,000 and such additional amounts as may be 
necessary for increases in salary, pay. retirement, other employee bene- 
fits authorized by law, and other nondiscretionary costs, in fiscal year 
1979 ; and such sums as may be necessarj' in fiscal year 1980." 



388 



115 

(2) In section 7(c), delete the "and" following "1977;", change the 
period at the end of the sentence to a semicolon, and add the following 
words: "$2,000,000 and such additional amounts as may be necessary 
for increase in salary, pay, retirement, other employee benefits au- 
thorized by law, and other discretionary costs, in fiscal year 1979; and 
such sums as may be necessary in fiscal year 1980." 

(3) Add the following new subsection "(d)" to section 7: 

"(d) Beginning fiscal year 1979, sums appropriate for purposes of 
section 7 shall remain available until expended." 

Changes in Existing Law Made by the Bill as Reported 

In compliance with clause 3 of rule XII of the Rules of the House 
of Representatives, changes in existing law made by the bill, as re- 
ported, are shown as follows (existing law proposed to be omitted is 
enclosed in black brackets, new matter is printed in italic, existing law 
in which no change is proposed is shown in roman) : 

AGATE rOSSIL BEDS NATIONAL MONUMENT 

(16 U.S.C. 431) (79 Stat. 123) 

* * * 4c * • • 

Sec. 4. There are hereby authorized to be appropriated the sums of 
not more than $301,150 for acquisition of lands and interests in land 
and not more than [$1,842,000] $2,012,000 for development in connec- 
tion with the Agate Fossil Beds National Monument under this Act. 

ANDERSONVHLiLE NATIONAL HISTORIC SITE 

(16 U.S.C. 461) (84 Stat. 989) 

* • * * * • « 

Sec. 4. There are authorized to be appropriated not more than 
$363,000 for the acquisition of lands and interests in lands and not 
more than C$1,605,000] $2^5,000 [(March 1969 prices)], (6>(7^o&er 
1978 prices) for development, plus or minus such amounts, if any, as 
may be justified by reason of ordinary fluctuation in construction costs 
as indicated by engineering cost indices applicable to the types of 
construction involved herein. 

ANDREW JOHNSON NATIONAL HISTORIC SITE 

(16 U.S.C. 450) (77 Stat. 350) 

* * 4> * * • * 

Sec. 3. There are authorized to be appropriated such sums, but not 
more than [$266,000] $286,000 for acquisition, restoration, and devel- 
opment costs, as are necessary to carry out the purposes of this Act. 

BISCAYNE NATIONAL MONUMENT 

(16 U.S.C. 450qq) (82 Stat. 1188) 

* * * * • • « 



389 



116 

Sec. 5. There are authorized to be appropriated such sums as may 
be necessary to carrv out the provisions of this Act, but not to exceed 
$24,575,000" for laiid acquisition and [$2,900,0001 $6^65,000 for 
development. 

CANAVERAL NATIONAL SEASHORE 

(16U.S.C. 459j) (88 Stat. 2121) 



(b) For the development of essential public facilities there are 
authorized to be appropriated not more than [$500,000J $lj900fi00. 
Within three years from the date of the enactment of this Act, the 
Secretary shall develop and transmit to the Committee on Interior 
and Insular Affairs of the United States Congress a final master plan 
for the full development of the seashore consistent with the preser- 
vation objectives of this Act, indicating: 

(1) the facilities needed to accommodate the health, safety, 
and recreation needs of the visiting public; 

(2) the location and estimated cost of all facilities; and 

(3) the projected need for any additional facilities within the 
seashore. 

CAPE LOOKOUT NATIONAL SEASHORE 

(16 U.S.C. 459g) (88 Stat. 1445) 



Sec. 8. There are hereby authorized to be appropriated such .sums 
as may be necessary to carry out the puposes of this Act. not to exceed 
$7,903,000 for acquisition of lands and interests therein, of which no 
more than $1,000,000 may be expended for acquisition of lands owned 
by Core Banks Club Properties, Incorporated. For development of 
essential public facilities there are authorized to be appropriated not 
more than [$2,935,000] $1^335,000. On or before January 1, 1978. the 
Secretary shall develop and transmit to the Committee on Interior 
and Insular Affairs of the United States Congress a final master plan 
for the full development of the seashore consistent with the preser- 
vation objectives of this Act, indicating — 

(1) the facilities needed to accommodate the health, safety 
and recreation needs of the visiting public : 

(2) the location and estimated cost of all facilities; and 

(3) the projected need for any additional facilities within the 
seashore. 

CAPITOL REEF NATIONAL PARK 

(16 U.S.C. 273) (85 Stat. 739) 
• • • • « • • 

Sec 7. There are hereby a\ithorized to be appropriated such sums 
as may be necessary to carry out the purposes of this Act. not to 
exceed, however, $423,000 for the acquisition of lands and interests in 
lands and not to exceed [$1,052,700] $1^72,700 [(April 1970 prices)] 



390 



117 

October 1978 prices for development, plus or minus such amounts, if 
any, as may be justified by reason of ordinary fluctuations in construc- 
tion costs as indicated by engineering cost indexes applicable to the 
types of construction involved herein. The sums authorized in this 
section shall be available for acquisition and development undertaken 
subsequent to the approval of this Act. 

CARL SANDBURG HOME NATIONAL HISTORIC SITE 

(16 U.S.C. 461) (82 Stat. 1154) 



Sec. 3. There are authorized to be appropriated the sums of $225,000 
for the acquisition of lands and interests in lands and interests in lands 
and [$952,000] $1^62fi00 for development expenses incurred pursuant 
to the provisions of this Act. 

CHANNEL ISLANDS NATIONAL MONUMENT 

(16 U.S.C. 431) (88 Stat 1445) 



Sec. 201. The limitations on appropriations for developing of units 
of the National Park System contained in the following acts are 
amended as follows : 

(1) Channel Islands National Monument, California: For the 
purposes of development of the administrative site and visitor 
facilities authorized by section 401 of this Act, there are author- 
ized to be appropriated [$5,452,000J $6^32,000. 

COWPEN8 NATIONAL BATTLEGROUND SFFE 

(86 Stat. 120) 



Sec. 402. For the purposes of the Cowpens National Battleground 
Site, which is here^by redesignated as the Cowpens National Battle- 
field, there are authorized to be appropriated not more than $2,363,000 
for the acquisition of lands and interests in lands and not more than 
[$3,108,000] $5^08,000 for development. 

DE 80T0 NATIONAL MEMORIAL 

(62 Stat. 78) 



Sec. 3. There is hereby authorized to be appropriated such sums, 
not to exceed [$175,000] $292fi00, as may be necessary to carry out 
the provisions of this Act. 



391 
118 

rORT BOWIE NATIONAL HISTORIC SITE 

(16U.S.C.461) (78 Stat. 68) 



Sec. 4. There is hereby authorized to be appropriated a sum not to 
exceed [$550,000 to carry out the purposes of this ActJ $86fi00 for 
land acquisition and $ip\3fi00 for development. 

FREDERICK DOUGLASS HOME 

(76 Stat. 435) 



Sec. 4. There are authorized to be appropriated such sums, but not 
more than [$413,000J $1^350^00 as may be needed for the restoration 
and development of buildings and grounds at Cedar Hill. 

GRANT KOHRS RANCH NATIONAL HISTORIC SITE 

(16U.S.C. 461) (86 Stat. 632) 



Sec 4. There are authorized to be appropriated $350,000 for land 
acquisition and not to exceed [$1,800,000 (July 1971 prices)] $2,075,- 
000 {October 1978 prices) for development plus or minus such 
amounts, if any, as may be justified by reason of ordinary fluctuation 
in construction involved herein. 

GUADALUPE MOUNTAINS NATIONAL PARK 

(16 U.S.C. 283) (80 Stat. 920) 



Sec. 6. There are hereby authorized to be appropriated such sums, 
but not more than $1,800,000 in all, as may be necessary for the ac- 
quisition of lands and interest in lands, and not more than [$10,362,- 
000,J $2^,715,000, as may be necessary for the development of the 
Guadalupe Mountains National Park. 

GULF ISLANDS NATIONAL SEASHORE 

(16 U.S.C. 459h) (84 Stat. 1967) 



Sec. 11. There are authorized to be appropriated not more than 
$3,120,000 for the acquisition of lands and interests in lands and not 
more than [$14,779,000 (1970 prices)] $25M^/XX) {October 1978 
prices) for development, plus such amounts, if any, as may be justified 
by reason of ordinary fluctuations in construction costs as indicated by 



392 



119 

engineering costs indices applicable to the types of construction 
involved herein. 

harper's ferry national historical, park 

(16U.S.C.450bb) (58 Stat. 645) 

Sec. 42. In addition to such sums as have heretofore been appropri- 
ated, there are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act, but not more than 
$1,300,000 .for the acquisition of lands and interests in lands, and 
not more than [$8,690,000] $11^^85,000 for development." 

HUBBELL TRADING POST NATIONAL HISTORIC SITE 

(16U.S.C.461) (79 Stat. 584) 



Sec. 3. There are hereby authorized to be appropriated not more 
than [$952,000] $977,000 for the acquisition of lands and interests 
in land and the contents of the Hubbell Trading Post which are of 
cultural and historical value and for development costs in connection 
with the national historic site as provided in this Act. 

INDIANA DUNES NATIONAL LAKESHORE 

(16U.S.C.460U) (80 Stat. 1312) 



The Secretary may not expend more than $60,812,100 from the Land 
and Water Conservation Fund for the acquisition of lands and in- 
terests in lands nor more than [$8,500,000] $9M0P00 for develop- 
ment. By October 1, 1979, the Secretary shall develop and transmit to 
the Committees on Interior and Insular Affairs of the United States 
Congress a general management plan detailing the development of 
the national lakeshore consistent with the preservation objectives of 
this Act, indicating : 

(1) the facilities needed to accommodate the health, safety, 
and recreation needs of the visiting public ; 

(2) the location and estimated costs of all facilities, together 
with a review o.f the consistency of the master plan with State, 
area wide, and local governmental development plans ; 

(3) the projected need for any additional facilities within the 
national lakeshore ; and 

(4) specific opportunities for citizen participation in the plan- 
ning and development of proposed facilities and in the implemen- 
tation of the general management plan generally. 

JOHN MUIR NATIONAL HISTORIC SITE 

(16 U.S.C. 461) (70 Stat. 753) 



393 

120 

Sec. 3. There is hereby authorized to be appropriated not more 
than £$300,000 for land acquisition and restoration of the buildings 
thereon] $22^,000 for land acquisition and $2,186,000 for development. 

TO COMMEMORATE CERTAIN HISTORICAL EVENTS IN THE STATE OF 

KANSAS 

(79 Stat. 588) 

«> • • • • • • 

Sec. 4. There are hereby authorized to be appropriated such sums, 
but not more than [$2,000,000] $2,750,000, as may be necessary for 
land acquisition, land site rehabilitation and development, and the 
marketing of historic sites pursuant to the provisions of this Act. 

LONGFELLOW NATIONAL HISTORIC SITE 

(16U.S.C.461) (86 Stat. 791) 



Sec. 4. There are hereby authorized to be appropriated such sums as 
may be necessary to carry out the purposes of this Act, not to exceed, 
however t$586,000 (May 1971 Tprices)"} $662,000 (October 1978 prices) 
for development of the areas, plus or minus such amounts, if any, as 
may be justified by reason of ordinary fluctuations in construction costs 
as indicated by engineering cost indices applicable to the types of con- 
struction involved therein. 

FOR THE PRESERVATION AND PROTECTION OF CERTAIN LANDS IN 
PRINCE GEORGES AND CHARLES COUNTIES 

(75 Stat. 783) 
• • • * • • • 

Sec. 4 (a) There are hereby authorized to be appropriated such sums, 
but not more than $937,600, to carry out the provisions of this Act. 

(b) In addition to such other sums as have been appropriated for 
ffuch purposes, there is authorized $2,000,000 for development. 

LONGFELLOW NATIONAL HISTORIC SITE 

(16U.S.C.461) (86 Stat. 791) 

Sec 4. There are hereby authorized to be appropriated such sums as 
may be necessary to carry out the purposes of this Act, not to exceed, 
however, [$586,600 (May 1971 prices)] $662,000 (October 1978 prices) 
for development of the area, plus or minus such amounts, if any, as 
may be justified by reason of ordinary fluctuations in construction 
costs as indicated by engineering cost indices applicable to the types of 
construction involved herein. 

PECOS NATIONAL MONTJJIENT 

(16U.S.C.431) (79 Stat. 195) 



394 



121 

Sec. 3. There are hereby authorized to be appropriated such sums, 
but not more than [$500,000] $2^76,000, as are required for construc- 
tion of facilities and excavation and stabilization of the ruins in the 
Pecos National Monument under this Act. 

perry's victory and international peace memorial 

(16 U.S.C. 433a) (86 Stat 1181) 

Sec. 4. There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act, but not more than 
$370,000 shall be appropriated for the acquisition of lands and inter- 
ests in lands and not more than [$5,177,000] $9^27,000 shall be appro- 
priated for development. The sums authorized in this section shall be 
available for acquisition and development undertaken subsequent to 
the approval of this Act. 

REDWOOD NATIONAL Px\RK 

(16 U.S.C. 79c-79f ) (82 Stat. 934) 

If ***** * 

Sec. 10. * * * There are hereby authorized to he appropriated 

SSfiOOfOOOO for development of the park established xmder this Act; 

such amount shall be in addition to other amounts available for such 

purposes. 

SAN JUAN ISLAND NATIONAL HISTORICAL PARK 

(16 U.S.C. 282) (80 Stat. 737) 

******* 

Sec. 4. There are hereby authorized to be appropriated such sums, 
but not more than [$3,542,000] $5^75,000 for the acquisition of lands 
and interests therein and for the development of the San Juan Na- 
tional Historical Park. 

SITKA NATIONAL MONUMENT 

(16 U.S.C. 431) (86 Stat. 904) 

******* 

Sec. 3. There are hereby authorized to be appropriated not to exceed 
$140,000 for land acquisition and [$691,000 (June 1971 prices)] 
$1^71 poo {October 1978 prices) for development, plus or minus such 
amounts, if any, as may be justified by reason of ordinary fluctuations 
in construction costs as indicated by engineering cost indexes applica- 
ble to the types of construction involved herein. 

STATUTE OF LIBERTY NATIONAL MONUMENT 

(16 U.S.C. 463) (79 Stat. 543) 



That there are hereby authorized to be appropriated such funds but 
not more than [$6,000,000,] $34fi00fi00, as may be required to develop 



395 



122 

Ellis Island as a part of the Statue of Liberty National Monument, 
but not more than $3,000,000 shall be appropriated during the first 
five yeai"s following enactment of this Act. 

THADDEUS KOSCIUSZKO HOME NATIONAL HISTORIC SITE 

(16 U.S.C. 461) (86 Stat. 1046) 
• ****•• 

Six:. 3. There are hereby authorized to be appropriated not more 
than [$592,0001 $7Jf2<(X)0 for development of the national memorial. 

TUSKEGEE INSTITUTE NATIONAL HISTORIC SITE 

(88 Stat. 1463) 



Sec. 104. * * * 

(e) Tuskegee Institute National Historic Site, $185,000 for the ac- 
quisition of lands and interests in lands and [$2,722,000] $2,862,000 
for development ; and 

(f ) Martin Van Buren National Historic Site, $213,000 for acquisi- 
tion of lands and interests in lands and $2,737,000 for development. 

WHISKEYTOWN-SHASTA-TRINITT NATIONAL RECREATION AREA 

(16 U.S.C. 460q) (79 Stat. 1295) 

• * 4> 4> * « • 

Sec. 10. There are hereby authorized to be appropriated for the 
acquisition of lands and interests in land pursuant to the provisions of 
this Act not more than $21,600,000. There are also authorized to be ap- 
priated not more than [$22,700,000] $21^,61^.000 for the development 
of recreation facilities pursuant to the provisions of this Act. 

WILLIAM HOWARD TATT NATIONAL HISTORIC SITE 

(16 U.S.C. 461) (83 Stat. 273) 



Sec 3. There are hereby authorized to be appropriated not to exceed 
[$318,000] $1^888,000, to provide for the restoration and development 
of the William Howard Taft National Historic Site. 

Wilson's creek battlefield national park 

(16 U.S.C. 430kk-430mm) (84 Stat. 1441) 



Sec. 3. For development of the Wilson's Creek National Battlefield, 
there are authorized to be appropriated not more than [$2,285,000 
(March 1969 prices)] $5,6Jfip00 {October 1978 prices) plus or minus 



38-854 O - 79 - 28 



396 



123 

such amounts, if any, as may be justified by reason of ordinary fluctua- 
tions in construction costs as indicated by engineering cost indices ap- 
plicable to the types of construction involved herein. 

APOSTLE ISLANDS NATIONAL LAKJESHORE 

(16 U.S.C. 460w) (84 Stat. 880) 



Sec. 8. There are authorized to be appropriated not more than 
[$4,250,000] $5,750p00 for the acquisition of lands and interests in 
lands and not more than $5,000,000 for the development of the Apostle 
Islands National Lakeshore. 

BIG CYPRESS NATIONAL PRESERVE 

(88 Stat. 1258) 



Sec. 8. There are authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this Act, but not to exceed 
[$116,000,000] $156,700,000 for the acquisition of lands and interests 
in lands and not to exceed $900,000 for development. Any funds do- 
nated to the United States by the State of Florida pursuant to chapter 
73-131 of the Florida statutes shall be used solely for the acquisition of 
lands and interests in land within the preserve. 

BUTTALO NATIONAL RIVER 

(16 U.S.C. 460m) (86 Stat. 44) 



Sec. 7. For the acquisition of lands and interests in lands, there are 
authorized to be appropriated not more than [$30,071,500] $39^1^,000 
for development of the national river, there are authorized to be ap- 
propriated not more than $283,000 in fiscal year 1974; $2,923,000 in 
fiscal year 1975 : $3,643,000 in fiscal year 1976 ; $1,262,000 in fiscal year 
1977; and $1,260,000 in fiscal year 1978. The sums appropriated each 
year shall remain available until expended. 

CUMBERLAND ISLAND NATIONAL SEASHORE 

(16 U.S.C. 459i) (86 Stat. 1066) 



Sec. 10. There are authorized to be appropriated not to exceed 
[$10,500,000] $28^06,000 for the acquisition of lands and interests 
in lands and not to exceed $27,840,000 for development of the seasliore. 

SAWTOOTH NATIONAL RECREATION AREA 

(16 U.S.C. 460aa) (86 Stat. 612) 
* * * * • • • 



397 



124 

Sec. 13. There are authorized to bo appropriated for the purposes 
of this Act not more tlian [$19,802,000] $J,7^02pOO for the acquisition 
of lands and interests in lands and not more tlian $26,241,000 for devel- 
opment. Money apjjropriated from the land and water conservation 
fund shall be available for the acquisition of lands, waters, and inter- 
ests- therein within the recreation area. 

JOHN DAY FOSSIL BEDS NATIONAL MONUMENT 

(88 Stat. 1461) 

Sec. 101. (a) * * * 

(2) for establishment as the John Day Fossil Beds National Monu- 
ment, Oregon, those lands depicted on the map entitled "Boundary 
Map, John Day Fossil Beds National Monument", numbered NM- 
JDFB-20,014-A and dated June 1971 : Provided, That the national 
monument shall not be established unless and until the State of Ore- 
gon donates or a^ees to donate the Thomas Condon-John Day Fossil 
Beds, Clarno, and Painted Hills State Parks : ^Provided further, That 
the Secretary shall not acquire a fee title interest to more than one 
thousand acres of privately owned lands except by donation or ex- 
change:] Provided, further. That the Secretary shall designate the 
principal visitor center as the "Thomas Condon Visitor Center" ; 
• * * * * * * 

FORT LARAMIE NATIONAL MONUMENT 

(16 U.S.C. 461) (74 Stat. 83) 

AN A€T To revise the boundaries and change the name of the Fort Laramie 
National Monument, Wyoming, and for other purposes 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress nssemhled, [That, in order to 
preserve the sites of historic buildings and roads associated with Fort 
Laramie, the boundaries of the Fort Laramie National Monument are 
hereby revised to include the following area: 

[Beginning at the intersection of the section line common to sections 
28 and 29, township 26 north, range 64 west, sixth principal meridian, 
with the northerly right-of-way line of the Fort Laramie Canal ; 

[Thence southwesterly along said right-of-way line to the inter- 
section of said line with the center of Deer Creek ; 

[Thence northerly along the center of Deer Creek to the intersection 
of said center with the north line of the ^.outheast quarter, section 29; 

[Thence westerly along said line to a point 1,100 feet east of the 
southwest corner of the northeast quarter, section 29 ; 

[Thence due north 1,320 feet to the point of intersection with the 
north line of the southwest quarter noi-thoast nuarter, section 29 ; 

[Thence westerly along said north lino to a point at the intersection 
of said line with the easterly right-of-way line of the county road; 

[Thence northerly and easterly along said right-of-wav line to a 
point 955 feet east of the section line common to sections 20 and 21 ; 

[Thence due south to the point of intersection with the section line 
common to sections 21 and 28 ; 

[Thence easterly along said section line to a point 2,090 feet east of 
the section corner common to sections 20, 21, 28, and 29 ; 



398 



125 



[Tlience due south to the point of intersection with the northerly 
bank of Laramie River ; 

[Thence easterly along^ said northerly bank to a point 150 feet west 
of the westerly ri^ht-of -way line of the ?onnty road, in section 27 ; 

[Thence northerly on a line paralleling at 150 feet said right-of-way 
line of county road to a point 660 feet north of section line common to 
sections 22 and 27 ; 

[Thence northwesterly in a straight line to a point on the southerly 
right-of-way line of the State highway relocation a distance of 150 feet 
east of the section line common to sections 21 and 22 ; 

[Thence northeasterly along said right-of-way line to the point of 
intersection with the lot line common to lots 1 and 2, section 22 ; 

[Thence southerly along said lot line to a point at the intersection 
of said line as projected with the westerly or right bank of the North 
Platte River; 

[Thence southerly along said bank to its confluence with the nor- 
therly or left bank of the Laramie River in section 27 ; 

[Thence westerly along said bank of the Laramie River to the west- 
ernmost intersection of said bank with the north line of the south 
half of section 27 ; 

[Thence westerly along said line and the north line of the south 
half of section 28 to the point of intersection with the northerly right- 
of-way line of the Fort Laramie Canal ; 

[Thence westerly along said right-of-way line to the point of be- 
ginning.] That in order to f reserve the sites of historic buildings and 
roads associated with Fort Laramie, the boundaries of the Foi't 
Laramie National Historic Site shall hereafter comprise the area 
generally depicted on the map entitled '■'■Boundary MaPi Fort Laramie 
National Historic Site^'' nwnhered 375-90-001, and dated September 
1977. The map shall be on file and available for public inspection in 
the office of the National Park Service, Department of the Interior. 

Sec. 2. In furtherance of the purposes of this Act, the Secretary of 
the Interior is authorized to procure, in authorized to procure, in such 
manner and subject to such terms and conditions as he may deem to 
be in the public interest, lands and interests in lands within the revised 
boundary as depicted on the map described in section 1 hereof. 

FORT UNION" TRADING POST NATIONAL HISTORIC SITE 

(16 U.S.C. 461) (80 Stat. 211) 

That, in order to commemorate the significant role played by Fort 
Union as a fur trading post on the upper Missouri River, the Secre- 
tary of the Interior may acquire by donation, piirchase with donated 
or appropriated funds, or otherwise, the historic remains of Fort L^nion 
[located in Williams Countv, North Dakota, and such additional lands 
and interests in land in Williams County, North Dakota, and Roosevejt 
County, Montana] located in the States of North Dakota and M ontariti, 
as he may deem necessary to accomplish the purposes of this Actx 
Provided, That the total area so acquired shall not exceed r400 acres] 
570 acres a-? c/en/'ralhi depicted, on the map entitled '■'•Fort Union Trad- 
ing Post, Montana-North Dakot(C\ numbered 1^36-80,025 and daied 
February 1977. 



399 



126 

Sec. 4. There are hereby authorized to be appropriated not more 
than [$613,000 for the acquisition of lands and interests in land and 
for the developmentj $280,000 for the acquisition of funds and 
$^y^6fi00 for development of the Fort Union Trading Post National 
Historic Site, at provided in this Act. 

BOSTON NATIONAL HISTORICAL PARK 

(16 U.S.C. 410z) (88 Stat. 1184) 

Sec. 2. (a) * * * 

(6) Old South Meeting House, Milk and Washington Streets, 
Boston; [and] 

(7) Charlestown Navy Yark [.]/ and 

(8) Dorchester Heights Boston. 

Sec. 3. (a) * * * 

(3) Thomas Crease House (old Comer Book Store) ; and 
[(4) Dorchester Heights ; and] 

C(5)3 (-^) the following burying grounds : King's Chapel, Granary, 
and Copp's Hill. 

SEQUOIA NATIONAL PARK 

(88 Stat. 1660) 

Sec. 5. Notwithstanding any other provision of law, any federally 
owned lands incorporated within the boundaries of Sequoia National 
Park subsequent to the date of enactment of this Act, which entaU 
project works, developments, lands, or facilities which are components 
of Federal Power Com,mission Project Numbered 298, shall be sub- 
ject to all provisions of this Act. 

CUYAHOGA VALLEY NATIONAL RECREATION AREA 

(16 U.S.C. 460ff) (88 Stat. 1784) 



Sec 2. (a) The recreational area shall comprise the lands and 
waters generally depicted on the map entitled ["Boundary Map, 
Cuyahoga Vallev National Recreation Area, Ohio", ntimbered NRA- 
CUYA-20,000-A, and dated December 1974,] Bowndary Map, Cuya- 
hoga Valley National Recreation Area, Ohio, numbered 90fi01-A, and 
dated 1978, which shall be on file and available for inspection in the 
offices of the National Park Service, Department of the Interior. 
Washington, District of Columbia, and in the main public library of 
Akron, Ohio, and Cleveland, Ohio. After advising the Committee 
on Interior and Insular Affairs of the United States Congress, in 
writing, the Secretary may make minor revisions of the boundaries 
of the recreation area when necessary by publication of a revised 
drawing or other boundary description in the Federal Register. 

(b) Within the boundaries of the recreation area, the Secretary, 
after consultation with the Governor of the State of Ohio and the 
Advisory Commission established in section 5 of this Act, may acquire 



400 



127 

lands, improvements, waters, or interests therein by donation, pur- 
chase with donated or appropriated funds, exchange, or transfer. Any 
lands or interests owned therein, as well as any lands hereafter 
acquired, by the State of Ohio or any political subdivision thereof 
(including any park district or other public entity) may be acquired 
only by donation. The Secretary shall not acquire privately owned 
lands which are held and used for public recreation uses unless he 
determines that such lands are essential to carry out the purposes of 
this Act. Notwithstanding any other provisions of law, any Federal 
property located within the boundaries of the recreation area may, 
with the concurrence of the agency having custody thereof, be trans- 
ferred without transfer of funds to the administrative jurisdiction 
of the Secretary for the purposes of the recreation area. 

(c) With respect to improved properties, as defined in this Act, 
the Secretary may acquire scenic easements or such other interests as, 
in his judgment, are necessary for the purposes of the recreation area. 
Fee title to such improved properties shall not be acquired unless the 
Secretary finds that such lands are being used, or are threatened with 
uses, which are detrimental to the purposes of the recreation area, or 
unless such acquisition is necessary to fulfill the purposes of this Act. 

(d) When any tract of land is only partly within the boundaries of 
the recreation area, the Secretary may acquire all or any portion of the 
land outside of such boundaries in order to minimize the payment of 
severance costs. Land so acquired outside of the boundaries may be 
exchanged by the Secretary' for non-Federal land within the 
boundaries. Anv portion of the land acquired outside the boundaries 
and not utilized for exchange shall be reported to the General Services 
Administration for disposal under the Federal Pronertv and Admin- 
istrative Services Act of 1949. as amended: Provided^ That no dis- 
posal shall be for less than the fair market value of the lands involved. 

(e) For the purposes of this Act, the term "improved property" 
means: (i) a detached single family dwelling, the construction of 
which was begun before January 1, 1975 (hereafter referred to as 
"dwelling"), together with so much of the land on which the dwelling 
is situated, the said land being in the same ownership as the dwelling, 
as the Secretary shall designate to be reasonably necessary for the 
enjoyment of the dwelling for the sole purpose of noncommercial resi- 
dential use, together with any structures necessary to the dwelling 
which are situated on the land so designated, or (ii) property developed 
for agricultural uses, together with any structures accessory thereto 
which were so used on or before January 1, 1975. In determining when 
and to what extent a property is to be considered an "improved prop- 
erty", the Secretary shall take into consideration the manner of use 
of such buildings and lands prior to January 1, 1975, and shall 
designate such lands as are reasonably necessary for the continued 
enjoyment of the property in the same manner and to the same extent 
as existed prior to such date. In applying this subsection ivith respect 
to lands and interests therein added to the recreation area by subsec- 
tion (a) of section 315 of the Natiorial Parks and Recreation Act of 
197S the date KJanuo.ry i, 1978'' shall be substituted for the date '■Janu- 
ary /, 1975, in each plaice it appears. 

(f) The owner of an improved property, as defined in this Act, on 
the date of its acquisition, as a condition of such acquisition, may retain 



401 



128 

for himself, his heirs and assif;ns. n rijiht of use and oniipaiicv of the 
improved property for noiicomniercial residential or a<rri( nltiiial pnr- 
poses, as the case may he, for a <h'(inite teiin of not more than twenty- 
five years, or, in lie\i tliereof. for a term endin<r at the death of the 
owner or tlie death of his sponse, whicliev ei- is later. The owner shall 
elect the term to W reserved. I'nless the property is wholly or jjartially 
donated, the Secretary shall pay to the owner the fair market value of 
the property on the date of its accpiisition, less the fair maiket value 
on that date of tlie riirht ivtained by the owner. A ri<rht retained hv the 
owner pursuant to tliis section shall he subject to termination by the 
Secretary upon his determination that it is bein<r exercised in a man- 
ner inconsi.stent with the purposes of this Act, and it shall teiininate 
by operation of law upon notification by the Secretary to the holder of 
the ri«rht of sucli determination and tenderiuf; to him the amount ecjual 
to the fair market value of that portion which i-enuiins unexpii-ed. 

{^) In exercising- his authority to accpiire property under this Act, 
the Secretary sluill give prompt and careful consideration to any offer 
made by an individual owning property within the recreation area to 
sell such property, if such individual notifies the Secretary that the 
continuetl ownership of such property is causing, or would result in, 
undue hardship. 

• **•*•• 

Sec. 4. (a) The Secretary .shall administer the recreation area in 
accordance with tlie provisions of the Act of August 25, 1916 (39 Stat. 
535) as amended and supplemented (16 U.S.C 1, 2^). In the adminis- 
tration of the recreation area, the Secretary may utilize such statutory 
authority available to him for the conservation and mana^jement of 
v;ildlife and natural resources as he deems appropriate to cari-y out 
the purposes of this Act. 

(b) The Secretary may enter into cooperative agreements with the 
State of Ohio, or any political subdivision thereof, for the rendering, 
on a reimbursable basis, of rescue, firefighting, and law enforcement 
services and cooperative assistance by nearby law enforcement and 
fire preventive agencies. 

(c) The authority of the Secretary of the Army to undertake or 
contribute to water resource development, including: erosion control 
and flood control, on land or watei-s within the recreation area shall 
lie exercised in accordance witli |)lans which are mutually acceptable 
to the Secretary of the Interioi- and the Secretary of the Army and 
which are consistent with both the purposes of this Act and the pur- 
poses of existing statutes dealing with water and related land resource 
development. 

(d) The Secretary, in consultation with the Governor of the State 
of Ohio, shall inventory and evaluate all sites and structures within 
the recreation area having present and potential historical, cultural, 
or architectural significance and shall provide for appropriate pro- 
grams for the preservation, restoration, interpretation, and utilization 
of them. 

(e) Notwithstanding any other provision of law, the Secretary is 
authorized to accept donations of funds, property, or services from 
individuals, foundations, corporations, or public entities for the pur- 



402 



129 

pt)se of providing services and facilities which he deems consistent 
with the purposes of this Act. 

(f ) The Secretary many, on his own initiative, or at the request of 
any local government {or intergovernmental organization) having 
jurisdiction over land located within or adjacent to the recreation 
area, assist and consult with the appropriate officers and employees of 
such local government {or intergovernmental organization) in estab- 
lishing zoning laws or ordinances which will assist in achieving the 
purposes of this Act. In providing assistance pursuant to this sub- 
section, the Secretary shall endeavor to obtain provisions in such zon- 
ing laws or ordinances which — 

( 1 ) have the effect of prohibiting the commercial and industrial 
use (other than a use for commercial farms and orchards) of all 
real property adjacent to the recreation area ; 

(2) aid in preserving the character of the recreation area by 
appropriate restrictions on the use of real property in the vicinity 
including, but not limited to, restrictions upon: building and 
construction of all types; signs and billboards; the burning of 
cover; cutting of timber (except tracts managed for sustained 
yield) ; removal of topsoil, sand, or gravel; dumping, storage, or 
piling of refuse ; or any other use which would detract from the 
aesthetic character of the recreation area ; and 

assistance under this subsection may include payments for 
technical aid. 

***** 
Sec. 6. (a) There are hereby authorized to be appropriated such 
sums as may be necessary to carry out the purposes of this Act, but 
not more than [$11,100,000] $70,100,000 for the acquisition of lands 
and interests in lands. 

(b) [For the development of essential public facilities there are 
authorized to be appropriated not more than $500,000.] For the de- 
velopment of the recreation area, including improvements of proper- 
ties to he appropriated not more than $26,000,000. Within one year 
from the date of establishment of the recreation area pursuant to this 
Act, the Secretary shall, after consulting with the Governor of the 
State of Ohio, develop and transmit to the Committees on Interior 
and Insular Affairs of the United States Congress a final master plan 
for the development of the recreation area consistent with the objec- 
tives of this Act, indicating : 

(1) the facilities needed to accommodate the health, safety, and 
recreation needs of the visiting public ; 

(2) the location and estimated cost of all facilities; and 

(3) the propected need for any additional facilities within the 
area. 

DELAWARE WATER GAP NATIONAL RECREATION XKEA 

(16U.S.C. 460o) (79 Stat. 612) 
♦ ♦***♦• 

Sec. 2. (a) The Secretary of the Army is authorized and directed 
to acquire, by such means as he may deem to be in the public interest, 
and as a part of his acquisition of properties for the project, lands and 



403 



lao 

interests therein within the boundaries of the area, as generally de- 
picted on the drawin<r entitled "Proposed Took? Island National Rec- 
reation Area" dated and numbered September 1962. NT?A-TI-7100, 
which drawinor jp on file in the Office of the National Park Service, 
Department of the Interior. In acquirinj; the.se lands, the Secretary of 
the Army may utilize such statutory authorities as are available to 
him for the acquisition of project lands : Provided, That the Secretary 
of the Army shall acquire no lands or interests in land by exchange for 
lands or interests in land in Federal ownership unless the latter are in 
the States of Pennsylvania, New Jersey, or S"ew York. Periodically, 
and as soon as practicable after such lands and interests within the 
area are acquired, the Secretary of the Armv shall transfer jurisdic- 
tion thereover to the Secretary of the Interior for the pui-poses of this 
Act. 

Beginning on. the date of fhe enactment of the National Parks and 
Recreation Act of 1978^ the Secretary of the. Interior is authorized to 
acquire for p^irj)oses of the recreation, are^x- esiahli-shed under this Act 
dU.. lands and interests therei/n within the exterior houndaries of the 
area depicted on the drawing referred to In this subsection {inchtdirhg 
amy Icmds within such exterior bovndaries designated for acquisition 
by the Secretary of the Army in connection with the project referred 
to in this sui)section) . In exercising s^uuch authority, the Secretary of 
the Interior may j>erm.it the retention, of rights of use and occupancy 
in the same manner as provided in. the case of acquisitions by the Sec- 
retary of the Army under subsection (d). On the date of enactment of 
the National Parks and Recreation Act of 1978. the acquisition au- 
thorities of the Secretary of the Amvy contained in this subsection 
shall terminate and the Secretary of the Army shaU transfer to the 
Secretary of the Interior jurisdiction over all lands and interests 
therein acquired by him under the authority of this Act, the Flood 
Control Act of 1962. or under any other authority of law which lands 
are unthin the exterior bau/ndaries of the area depicted on the dra.ioing 
referred to in this subsection. On the date of enactment of the National 
Parks cmd Recreation Act of 1978^ all unexpended baLarwes available 
to the Secretary of the Arrwy for acquisition of land withim. the ex- 
terior baimdaries referred to in the precedinej sent-ence shall be tnms- 
f erred to the Secretary of the Interior to be used for such purposes. 
In carrying out his acquisition authority under this section the Secre- 
tary shall give priority to the followiTig : 

(1) completion of acquisition of letnds for u:hich condemnation 
proceedings have been started pursuant to the awbthonzation of the 
project referred to in this subsection; 

(^) acquisition of lands of beneficial owners, not being a cor- 
poration^ who in the judgment of the Secretary xoovld suffer hard- 
ship if acquisition of their lands were delayed; 

(3) acquisition of lands on which, in the jxidgment of the Sec- 
retary, there is an itrnninent danger of development that would be 
incompatible with the purposes of the recreation area; 

[Jf.) acquisition of lands of beneficial owners, not being a cor- 
poration, who are willing to sell their lands provided they are able 
to continue- to use it for non-commercial residential purposes for 
a limited period time which urill not. in the jud-gTnent of the Sec- 
retary., unduly interfere with the developnvent of public use facUi- 



404 



131 

ties for such national reci^eation area pursuant to the authoriza- 
tion of such area; 

(5) acquisition of scenic easements when, in the judgment of 
the Secretary^ such easements are swfficient to carry out the pur- 
poses for which such national recreation area was authorized; and 

(6) acquisition of lands necessary to preserve the integrity of 
the recreation area. 



GOLDEN GATE NATIONAL RECREATION AREA 

(86 Stat. 1299) 

AN ACT To establish the Golden Gate National Recreation Area in the State of 
California, and for other purposes. (86 Stat. 1299) 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled, 

ESTABLISHMENT 

Section 1. In order to preserve for public use and enjoyment certain 
areas of Marin and San Francisco Counties, California, possessing 
outstanding natural, historic, scenic, and recreational values, and in 
order to provide for the maintenance of needed recreational open space 
necessary to urban environment and planning, the Golden Gate Na- 
tional Recreational Area (hereinafter referred to as the "recreation 
area") is hereby established. In the management of the recreation area, 
the Secretary of the Interior (hereinafter referred to as the "Secre- 
tary") shall utilize the resources in a manner which will provide for 
recreation and educational opportunities consistent with sound prin- 
ciples of land use planning and management. In carrying out the pro- 
visions of this Act, the Secretary shall preserve the recreation area, as 
far as possible, in its natural setting, and protect it from development 
and uses which would destroy the scenic beauty and natural character 
of the area, 

composition and boundaries 

Sec. 2. [(a) The recreation area shall comprise the lands, waters, 
and submerged lands generally depicted on the map entitled "Boun- 
dary ]\Iap, Golden Gate National Recreation Area", numbered NRA- 
GG-80, 003A, sheets 1 through 3, and dated July, 19721 {a) The 
recreational area shall comprise the lands, waters., and submerged 
lands generally depicted on the map entitled '•'•Revised Bov/n- 
dary Map, Golden Gate National Recreation Area''\ numbered NRA- 
GG-80WS-J and dated May 5, 1978. 

(b) The map referred to in this section shall be on file and available 
for public inspection in the Offices of the National Park Service, De- 
partment of the Interior, Washington, District of Columbia. After ad- 
vising the Committees on Interior and Insular Affaii-s of the United 
States House of Representatives and the United States Senate (here- 
inafter referred to as the "committees") in writing, the Secretary may 
make minor revisions of the boundaries of the recreation area when 
necessary by publication of a revised drawing or other boundary de- 
scription in the Federal Register. 



-405 



132 



Sec. 3. (a) Within the boundaries of the reoreation area, the Secre- 
tary may ac(]uire land, improvements, waters, or interests therein, by 
donation, i)urcha,se, exohan«re or transfer. Any lands, or interests 
therein owned by the State of California or any political subdivision 
thereof, may be ac^^uired only by donation. A^Tien any tract of land is 
only partly within such boundaries, the Secretary may acquire all or 
any portion of the land outside of such boundaries in order to minimize 
the payment or severance costs. Land so acquired outside of the Vx>und- 
aries may be exchanjred by the Secretary for non-Federal lands within 
the boundaries. Any portion of land acquired outside the boundaries 
and not utilized for exchangre shall be reported to the General Serv- 
ices Administration for disposal imder the Federal Property and 
Administrative Services Act of 1949 (63 Stat. 377). as amended': Pro- 
vided, That no disposal shall be for less than fair market value. Except 
as hereinafter provided. Federal property within the boundaries of 
the recreation area is hereby transferred without consideration to the 
administrative jurisdiction of the Secretary for the purposes of this 
Act. subject to the continuation of such existing uses as may be agreed 
upon between the Secretary and the head of the agrency formerly hav- 
ing jurisdiction over the property. Notwith.standin^ any other provi- 
sion of law, the Secretary may develop and administer for the purposes 
of this Act structures or other improvements and facilities on lands 
for which he receives a permit of use and occupancy from the Secre- 
tary of the Army. 

(b) Fort Cronkhite. Fort Barry, and the westerly one-half of Fort 
Baker, in Marin County. California, as depicted on the map entitled 
"Golden Gate Military Properties" numbered NRAGG-20,002 and 
dated January 1972, wnich shall be on file and available for public in- 
spection in the offices of the National Park Service, are hereby trans- 
ferred to the jurisdiction of the Secretary for purposes of this Act. 
subject to continued use and occupancy by the Secretary of the Army 
of those lands needed for existing air defense missions, reserve activi- 
ties and family housing, until he determines that such requirements no 
longer exist. The Coast Guard Radio Receiver Station, shall remain 
under the jurisdiction of the Secretary of the Department in which the 
Coast Guard is operating. When the station is determined to be excess 
to the needs of the Coast Guard, it shall be transferred to the jurisdic- 
tion of the Secretary for purposes of this Act. 

(c) The easterly one-half of Fort Baker in Marin County, Cali- 
fornia, shall remain under the jurisdiction of the Department of the 
Army. When this property is determined by the Department of De- 
fense to be excess to its needs, it shall be transferred to the jurisdiction 
of the Secretary for purposes of this Act. The Secretary of the Army 
shall grant to the Secretary reasonable public access through such 
property to Horseshoe Bay. together with the right to constnict and 
maintain such public service facilities as are neces.sary for the purposes 
of this Act. The precise facilities and location thereof shall be deter- 
mined between the Secretary and the Secretary of the Army. 

(d) Upon enactment, the Secretary of the Army shall grant to the 
Secretary the irrevocable use and occupancy of one hundred acres of 
the Baker Beach area of the Presidio of San Francisco, as depicted on 
the map referred to in subsection (b) . 



406 



133 



(e) The Secretary of the Army shall grant to the Secretary within 
a reasonable time, the irrevocable use and occupancy of [forty-five] 
(me hwndred fifteen, acres of the Crissy Army Airfield of the Presidio, 
as depicted on the map referred to in subsection (b). 

(f) When all or any substantia] portion of the remainder of the 
Presidio ig determined by the Department of Defense to be excess to 
its needs, such lands shall be transferred to the jurisdiction of the 
Secretary for purposes of this Act. The Secretary shall grant a permit 
for continued use and occupancy for that portion of said Fort Point 
Coast Guard Station necessary for activities of the Coast Guard. 

(g) Point Bonita, Point Diablo, and Line Point shall remain under 
the jurisdiction of the Secretary of the Department in which the 
Coast Guard is operating. When this property is determined to be 
excess to the needs of the Coast Guard, it shall be transferred to the 
jurisdiction of the Secretary for purposes of this Act. The Coast 
Guard may continue to maintain and operate existing navigational 
aids : Provided^ That access to such navigational aids and the instal- 
lation of necessary new navigational aids within the recreation area 
shall be undertaken in accordance with plans which are mutually ac- 
ceptable to the Secretary and the Secretary of the Department in 
which the Coast Guard is operating and which are consistent with 
both the purposes of this Act and the purpose of existing statutes deal- 
ing with establishment, maintenance, and operation of navigational 
aids. 

(h) That portion of Fort Miley comprising approximately one 
and seven-tenths acres of land presently used and required by the 
Secretary of the Navy for its inshore, underseas warfare installations 
shall remain under the administrative jurisdiction of the Department 
o,f the Navy until such time as all or any portion thereof is determined 
by the Department of Defense to be excess to its needs, at which time 
such excess portion shall be transferred to the administrative jurisdic- 
tion of the Secretary for purj>oses of this Act. 

[(i) New construction and development within the recreation area 
on property remaining under the administrative jurisdiction of the 
Department of the Army and not subjex^t to the provisions of sub- 
section (d) or (e) hereof shall be limited to that which is required to 
accommodate facilities being relocated from property being trans- 
ferred under this Act to the administrative jurisdiction of the Secre- 
tary or which is directly related to the essential missions of the Sixth 
United States Army: Provided, however. That any constniction on 
presently undeveloped open space may be undertaken only after prior 
consultation with the Secretary. The foregoing limitation on construc- 
tion and development shall not apply to expansion of those facilities 
known as Letterman General Hospital or the Wester Medical Institute 
of Research.] 

{i) New constniction and development within the boundaries de- 
scribed in section. 2 (a) on lands under the administrative jurisdiction 
of n department other than that of the secretary is prohibited, except 
that improvements on lands which have not been transferred to his 
administrative jurisdiction may be reconstrueted or demolished. Any 
su/fh structure whieh is demoli^shed may be replaeed with an improve- 
ment of similar size, following consultation with the Secretary or his 



407 



134 

df-sigvated^ representaf^n^e, irhv nhall condvet a publw hearing at a 
locati^m in the general vicinity of the area, notue of ichirh ahall be 
given at Jeast one ic^ek prior to the date thereof. The foi'egoin-g 
limitation on construction and devclopirwnt shall not apply to ex- 
pansian of those faciJities hnoxim as Lettemuin General Hospital or 
the Western Medical In'^tititte of Research. 

[(j) The owner of improved property on the date of its acquisition 
by the Secretary under this Act may, as a condition of such acquisi- 
tion, retain for himself and his heirs and assigns a rig'ht of use and 
occupancy of the improved property for noncommercial residential 
purposes for a definite term of not more than twenty-five years, or, 
in lieu thereof, for a term endinp^ at the death of the owner or the death 
of his spouse, whichever is later. The owner shall elect the term to be 
reservea. Unless the property is wholly or partially donated to the 
United States, the Secretary shall pay to the owner the fair market 
value of the property on the date of acquisition minus the fair market 
value on that date of the rijrht retained by the owner. A rig-ht retained 
pursuant to this section shall be subject to termination by the Secre- 
tary upon his determination that it is being exercised in a manner 
inconsistent with the purpose of this Act, and it shall terminate by 
operation of law upon the Secretary's notifying the holder of the rig'ht 
of such determination and tendering to him an amount equal to the 
fair market value of that portion of the right which remains 
unexpired.] 

{j) The owner of improved residential property or of agricultural 
property on the date of its acquisition by the Secretary under this Act 
may, as a condition of such acquisition, retain for himself and his or 
Tier heirs and assigns a right of use and occupancy for a definite term 
of not more thorn, twemty-five years, or., in lieu thereof, for a term end- 
ing at the death of the owner or the death of his or Tier spovse, which- 
ever is later. The owner shall elect the term to be reserved. Unless the 
property is wholly or partly donated to the United States, The Secre- 
tary shall pay to the owner the fair market value of the property on 
the date of acquisition minus the fair market vahie on that date of the 
right retained by the owner. A right retained pursuant to this section 
shall be subject to termination by the Secretary upon his or her de- 
terrrmwtion that it is being exercised in a man/ner inconsistent with the 
purposes of this Act, and it shall terminate by operation of lanjo upon 
the Secretary'^s notifying the. holder of the right of such determina- 
tion Ofnd tendering to him or her an amount equal to the fair market 
vdkte of that portion of the right which remains unexpired. Where ap- 
propriate in the discretion of the Secretary, he or she may lease 
federally oioned land {or any interest therein) which has been ac- 

n^d by the Secretary umder this Act, and which was agricultural 
-prior to its acquisition. Such lease shall be subject to such re- 
strictive covenants as may be necessary to carry out the purposes of 
this Act. Any land to be leased by the Secretory under this section 
shall be offered first for such lease to the person who owned such 
laTid or who was a leaseholder thereon immediately before its ac- 
quisition by the United States. 

(k) The term "improved property", as used in subsection (j), 
means a detached, noncommercial residential dwelling, the construe- 



408 



135 

tion of which was begTin before June 1, 1971, or, m the case of areas 
added by action of the 95th Congress, Jarmary i, 1978, together with 
so much of the land on which the dwelling is situated, the said land 
being in the same ownership as the dwelling, as the Secretary shall 
designate to be reasonably necessary for the enjoyment of the dwell- 
ing for the sole purpose of noncommercial residential use, together 
with any structures accessory to the dwelling, which are situated on 
the land so designated. 

TJie term, ^''agriouJtural property''\ as used m this Act means lands 
whi.ch are in regular use for agricultural, ranching, or dairying pur- 
poses as of January 1, 1978, together with residential, and other struc- 
tures related to the above uses of the property as su^ch structures exist 
on said date. 

(1) Whenever an owner of property elects to retain a right of use 
and occupancy as provided for in the Act, such owner shall be deemed 
to have waived any benefits or rights accruing under sections 203. 204, 
205, and 206 of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes 
of those sections such owner shall not be considered a displaced person 
as defined in section 101(6) of that Act. 

(m) Notwithstanding any other provision of law, the Secretary 
shall have the same authority with respect to contracts for the 
acquisition of land and interests in land for the purposes of this Act 
as was given the Secretary of the Treasury for other land acquisitions 
by section 34 of the Act of May 30, 1908, relating to purchase of sites 
for public buildings (35 Stat. 545), and the Secretary and the owner 
of land to be acquired under this Act may agree that the purchase 
price will be paid in periodic installments over a period that does not 
exceed ten years, with interest on the unpaid balance thereof at a rate 
which is not in exoess of the current average market yield on out- 
standing marketable obligations of the United States with remaining 
periods to maturity comparable to the average maturities on the in- 
stallments. Judgments against the United States for amounts in excess 
of the deposit in court made in condemnation actions shall be subject 
to the provisions of the Act of July 27, 1956 (70 Stat. 624) and sec- 
tions 2414 and 2517 of title 28. United States Code. 

(n) The Secretary shall accept and- shall mmiage in accordance 
with this Act, any land and improvements adjacent to the recreation 
area which are donated by the State of Calif omia or its political sub- 
divisions. The boundaries of the recreation area shall be changed to 
include such donated lands. 

(o) In acquiring those lands authorized by the 95th Congress 
for the purposes of this Act, the Secretary meny, when agreed upon 
by the lando^uner invol/ved, defer payment or sched/ule payments over 
a period of ten years and pay interest on the unpaid balance at a. rate 
not exceeding that paid by the Treasury of the United States for 
borrowing purposes. 

ADMINTSTRATION 

Sec. 4. (a) The Secretary shall administer the lands, waters, and 
interests therein acquired for the recreation area in accordance with 
the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 



409 



136 

1, 2-4). as amondod and supplomontod. and the Seorptary may utilize 
suoli statutory authority availablo to him for the ronservation and 
managempnt of wildlife and natural resources as he deems apropriate 
to carry out the purposes of this Act. Xotwithstandinp their inclusion 
within the boundaries of the recreation area, (he ^fuir "U^oods Xa- 
tional Monument and Fort Point National Historic Site shall con- 
tinue to be administered as distinct and identifiable units of the na- 
tional park system in accordance with the laws applicable to such 
monument and historic site. 

(b) The Secretary may enter into cooperative a*rreements with any 
Federal asrency. the State of California, or any political subdivision 
thereof, for the rendennpr. on a reimbursable basis, of rescne. firefijrht- 
inp, and law enforcement and fire preventive assistance. 

(c) The authoritv of the Army to undertake or contribute to water 
reiiource developments, includiufr shore erosion control, beach protec- 
tion, and navifration improvements on land and /or waters within the 
recreation area shall be exercised in accordance with plans which are 
mutually acceptable to the Secretary and the Secretaiy of the Army 
and which are consistent with both the purpose of this Act and the 
purpose of existing statutes dealing with water and related resource 
development. 

(d) The Secretary, in cooperation with the State of California and 
affected political sulxlivisioTis thereof, local and rejrional transit agen- 
cies, and the Secretaries of Tran=;portation and of the Anny. shall 
make a study for a coordinated public and private transportation sys- 
tem to and within the recreation area and other units of the national 
park system in Marin and San Frncisco Counties. 

(e) No fees! or admission charges shall he Irrierl for oefmission of 
the general pvhlic to the recreation area except to portions tinder lease 
or permit for a particular and limited pvrpoxe authorized hy the See- 
retary. The Secretary may authorise reaj^onahle charges for pvhlic 
transportation and, for a period not exceeding fve years from the date 
of enactment of this legislation, for admission to the sailing vessel 
Balclvtha. 

ADVISORY COMMISRIOX 

Sec. 5. (a) There is hereby established the Golden Gate National 
Recreation Area Advisory Commission (hereinafter referred to as 
the "Commission"). 

(b) The Commission shall be composed of fifteen members appointed 
by the Secretary* for terms of three years each. 

(c) Any vacancy in the Commi<-;ion shall be filled in the same man- 
ner in which the original appointment was made. 

(d) Members of the Commission shall serve without compensation, 
as such, but the Secretary may pay. upon vouchers signed by the 
Chairman, the expenses reasonably incurred by the Commission and 
its members in carrying out their responsibilities under this Act. 

(e) The Secretary, or his designee, shall from time to time, but at 
least annually, meet and consult with the Commission on general poli- 
cies and specific matters related to planning, administration and devel- 
opment affecting the recreation ar<n\ and otlier units of the national 
park system in Marin and San Francisco Counties. 



410 



137 

(f ) The Commission shall act and advise by affirmative vote of a 
majority of the members thereof. 

(g) The Commission shall cease to exist ten years after the enact- 
ment of this Act. 

APPROPRIATION LIMITATIONS 

Sec. 6. There are hereby authorized to be appropriated such sums as 
may be necessary to carry out the provisions of this Act, but not more 
than $61,610,000 shall be appropriated for the acquisition of lands and 
interests in lands. There are authorized to be appropriated not more 
than $58,000,000 (May 1971 prices) for the development of the recre- 
ation area, plus or minus such amounts, if any, as may be justified by 
reason of ordinary fluctuations in construction costs as indicated by 
engineering cost indices applicable to the type of construction involved 
herein. 

POINT RETE8 NATIONAL SEASHORE 

AN ACT To establish the Point Reyes National Seashore in the State of 
California and for other purposes. 

Be it BTiacted hy the Senate and Rouse of Representati/ves of the 
United States of America, in Congress assembled, That in order to save 
and preserve, for purposes of public recreation, benefit, and inspira- 
tion, a portion of the diminishing seashore of the United States that 
remains undeveloped, the Secretary of the Interior (hereinafter re- 
ferred to as the "Secretary") is hereby authorized to take appropriate 
action in the public interest toward the establishment of the national 
seashore set forth in section 2 of this Act. 

[Sec. 2. (a) The area comprising that portion of the land and 
waters located on Point Reyes Peninsula, Marin County, California, 
which shall be known as the Point Reyes National Seashore, is de- 
scribed as follows by reference to that certain boundary map, desig- 
nated NS-PR-7001, dated June 1, 1960, on file with the Director, 
National Park Service, AVashington, District of Columbia. 

[Beginning at a point, not monumented, where the boimdary line 
common to Rancho Punta de los Reyes (Sobrante) and Rancho Las 
Baulines meets the average high tide line of the Pacific Ocean as shown 
on said boundary map ; 

[Thence southwesterly from said point 1,320 feet oflfshore on a pro- 
longation of said boundary line common to Rancho Punta de los Reyes 
(Sobrante) and Rancho Las Baulines ; 

[Thence in a northerly and westerly direction paralleling the aver- 
age high tide line of the shore of the Pacific Ocean ; along Drakes Bay, 
and around Point Reyes ; 

[Thence generally northerly and aromid Tomales Point, oflfshore a 
distance of 1,320 feet from average high tide line; 

[Thence southeasterly along a line 1,320 feet oflfshore and parallel to 
the average high tide lino along the west shore of Bodega Bay and 
Tomales Bay to the intersection of this line with a prolongation of the 
most northerly tangent of the boundary of Tomales Bay State Park; 

[Thence soiith 54 degrees 32 minutes west 1,320 feet along the pro- 
longation of said tangent of Tomales Bay State Park boundary to the 
average high tide line on the shore of Tomales Bay ; 



I 



411 



138 

[Thence following the boundary of Tomales Bay State Park in a 
southerl}' direction to a )ioint lyin? 105.4 feet north 41 degrees east 
of an unimproved road headinpr westerly and noi-therly from Pierce 
Point Koad ; 

[Thence south 41 defn-ees west 105.4 feet to a point on the north 
ri<]:ht-of-way of said unimproved road : 

[Thence southeasterly alouir the north ri<rht-of-way of said unim- 
proved road and Pierce Point Road to a point at the southwest comer 
of Tomales Pay State Park at the junction of the Pierce Point Road 
and Sir Francis Drake Boulevard ; 

[Thence due south to a point on the south rirrht-of-way of said Sir 
Francis Drake Boulevard : 

[Thence southeasterly alonj? said south rijafht-of-way approximately 
3,100 feet to a point : " 

[Thence approximately south 19 deprrees west approximately 300 
feet; 

[Thence south approximately 400 feet; 

[Thence southwest to the most northerly comer of the Inverness 
watershed area : 

[Thence southerly and easterly along the west property line of the 
Inverness watershed area approximatelv 0.040 feet to a point near the 
intersection of this property line with an unimproved road as shown 
on said boundarv map; 

[Tlience southerly along existing property lines that roughly follow 
said unimproved road to its intersection with Drakes Summit Road 
and to a point on the north right-of-way of Drakes Suminit Road ; 

[Thence easterly approximately 1.000 feet along the north right-of- 
wav of said Drakes S\immit Road to a point which is a property line 
comer at the intei-section with an unimproved road to the south; 

fPhence southerly and easterly and then northerly, as shown ap- 
proximately on said boundary map. along existinsr propei-ty lines to 
a point on the south right-of-way of the Bear Valley Road, approxi- 
mately 1,500 feet southeast of its intersection with Sir Francis Drake 
B oule vard : 

[Thence easterly and southerly along said south right-of-way of 
Bear Valley Road to a point on a property line approximately 1.000 
feet west of the intei-section of Bear Valley Road and Sir Francis 
Drake Boulevard in the \nllage of Olema; 

[Thence south approximatelv 1,700 feet to the northwest comer of 
p rope rty now owned by Helen T'. and !Mary S. Shafter; 

[Thence southwest and southeast along the west boundary of said 
Shafter property to the southwest comer of said Shafter property; 

[Thence approximately soiith 30 degrees east on a course approxi- 
mately 1.700 feet to a point ; 

[Thence approximately south 10 degrees east on a course to the 
centerline of Olema Creek ; 

[Thence generally southeasterly up the centerline of Olema Creek to 
a point on the west ri<rht-of-way line of State Route Xumbered 1; 

jfThenc© southeasterly alonjar westerly ricrht-of-way line to ,State 
Highway Numbered 1 to a point where a prolongation of the boundary 
line common to Ranch© Punta de los Reyes (Sobrante) and Rancho 



38-854 O - 79 - 27 



412 



139 

Las Baulines would intersect right-of-way line of State Highway 
Numbered 1 ; 

[Thence southwesterly to and along ^aid south boundary line of 
Rancho Punta de los Reyes (Sobrante) approximately 2,900 feet to 
a property comer ; 

[Thence approximately south 38 degrees east approximately 1,500 
feet to the centerline of Pine Gulch Creek ; 

[Thence down the centerline of Pine Gulch Creek approximately 
400 feet to the intersection with a side creek flowing from the west; 

[Thence up said side creek to its intersection with said south bound- 
ary line of Rancho Punta de los Reyes ( Sobrante ) ; 

[Thence southwest along said south boundary line of Rancho Punta 
de los Reyes to the point of the beginning, containing approximately 
53,000 acres. Notwithstanding the foregoing description, the Secretary 
is authorized to include within the Point Reyes National Seashore 
the entire tract of land owned by the Vedanta Society of Northern 
California west of the centerline of Olema Creek, in order to avoid 
a severance of said tract.J 

Sec. 2 {a). The Point Reyes Nationdi Seashore shall consist of the 
lands, waters., and' submerged lands generally depicted on. the map en- 
titled ^'■Boundary Map., Poird Reyes National Seashore''\ nv/mJbered 
em-80pOS-E and, dated May WHS. 

The map referred to in this section shall he on -file and avaUoMe for 
public inspectimi in the Offices of the National Parh Service., Depart- 
ment of the Interior., Washington., Distinct of Cohimhia. After advis- 
ing the Comymittee on Interior and Insular Affairs of the United 
States House of Representatives and the Cormnittee on Energy and 
Natural Resources of the United States Senate in writing., the Secre- 
tary may malce minor revisions of the boundaries of the Point Reyes 
National Seashore when necessary by publication, of a revised drmoing 
or other boundary description in the Federal Register. 

(b) The area referred to in subsection (a) shall also include a right- 
of-way to the aforesaid tract in the general vicinity of the north- 
westerly portion of the property known as "Bear Valley Ranch", to be 
selected by the Secretary, of not more than four hundred feet in width, 
together with such adjoining lands as would be deprived of access by 
reason of the acquisition of such right-of-way. 

Sec. 3(a) The Secretary is authorized to acquire, and it is the intent 
of Congress that he shall acquire as rapidly as appropriated funds be- 
come avaihible for this purpose or as such acquisition can be accom- 
plished by donation or with donated funds or by transfer, exchange, 
or otherwise tlie lands, waters, and other property, and improvements 
thereon and any interest therein, within the areas described in section 2 
of this Act or which lie within the boundaries of the seashore as estab- 
lished under section 5 of this Act (hereinafter referred to as "such 
area"). Any property, or interest therein, owned by a State or political 
subdivision thereof may be acquired only with the concurrence of such 
owner. Notwithstanding any other provision of law, any Federal prop- 
erty located within such area may, with the concurrence of the agency 
having custody thereof, be transfen-ed without consideration to the 
administrative jurisdiction of the Secretary for use by him in carrying 



413 



140 



out the provisions of this Act. In exercising his authority to acquire 
property in accordance with the provisions of this subsection, the 
Secretary may enter into contracts retjuirinj; the expendituie, when 
appropriated, of funds authorized by section S of this Act, but the lia- 
bihty of the United States under any such contract shall be contingent 
on the appropriation of funds suthcient to fulfill the obligations there- 
by incurred. 

(b) The Secretary is authorized to pay for any acquisitions which 
he makes by purchase under this Act tlieir fair market value, as deter- 
mined by the Secretary, who may in his discretion base his detciinina- 
tion on an independent appraisal obtained by him. 

(c) In exercising his authority to acquire pioperty by exchange, the 
Secretary may accept title to any non-Federal property located within 
such area and convey to the grantor of such property any federally 
owned property under tlie jurisdiction of the Secretary within Cali- 
fornia and adjacent States, notwithstanding any other provision of 
law. The properties so exchanged shall be approximately equal in fair 
market value, provided that the Secretary niay accept cjish from or 
pay cash to the grantor in such an exchange in order to equalize the 
values of the properties exclianged. 

Sec. 4. (a) As soon as practicable after the date of enactment of 
this Act and following the acquisition by the Secretary of an acreage 
in the area described in section 2 of this Act. that is in the opinion of 
the Secretary' efficiently adniinistrable to carry out the purposes of this 
Act, the Secretary shall establish Point Reyes National Seashore by 
the publication of notice thereof in the Federal Register. 

(b) Such notice referred to in subsection (a) of this section shall 
contain a detailed description of the boundaries of the seashore which 
shall encompass an area as nearly as practicable identical to the area 
described in section 2 of this Act. The Secretary shall forthwith 
after the date of publication of such notice in the Federal Register (1) 
send a copy of such notice, together with a map showing such boimd- 
aries, by registered or certified mail to the Governor of tlie State and 
to the governing body of each of the political subdiA'isions involved: 
(2) cause a copy of such notice and map to be published in one or more 
newspapers which circulate in each of the localities: and (3) cause a 
certified copy of such notice, a copy of such map, and a copy of this Act 
to be recorded at the registrj^ of deeds for the county involved. 

fSEC. 5. (a) Any owner or owners (hereinafter in this subsection 
referred to as "owner") of improved property on the date of its acqui- 
sition by the Secretary may, as a condition to such acquisition, retain 
the right of use and occupancy of the improved property for noncom- 
mercial residential purposes for a term of fifty years. The Secretary 
shall pay to the owner the fair market value of the property on the 
date of such acquisition less the fair market value on such date of the 
right retained bv the owner.] 

Sec. 5 {a) The oicnpr of iircprored property or of agrimltiirnl prop- 
erty or\. tJif date of ifft ar.qninition hy fhr Secretary uv/Jer thin A rf may. 
as a comJifion of -vwh ncquisifmn. retain for h/'mself an/f his o^r hrr 
h-e.ii^ and a.<isiffn.t a right of ii.ie and ornipavry for a definite term of 
not more than tirenty-fve yearn, or. in lien thereof, for a. term ending 
at the death of the owner or the death, of his or her spouse, whichever 



414 



141 



is later. The owner shall elect the term to he reserved. Unless the prop- 
erty is wholVy or partly donated to the United States^ the Secretary 
shall pay to the owner the fair market value of the property on the 
date of acquisition minus the fair market value on that date of the 
right retained iy the owner. A right retained pursuant to this section 
shall he subject to termination by the Secretary upon his or her deter- 
mination that it is being exercised in a manner inconsistent with the 
purposes of this Act, and it shall terminate by operation of law upon 
the Secretary's notifying the holder of the right of such deterrmna- 
tion and tendering to him, or her an amount equal to the fair murket 
value of that portion of the right which remains unexpired. Where 
appropriate in the discretion of the Secretary, he or she may lease fed- 
erally owned land {or any interest therein) which has been acquired 
by the Secretary under this Act., and which was agricultural land prior 
to its acquisition. Sicch lease shall be subject to siujh restrictive cove- 
nants as mmj be necessary to carry out the purposes of this Act. Any 
land to be leased by the, Secretarj/ under this section shall be offered 
first for such lease to the person who owned such land or was lease- 
holder thereon immediately before its acquisition by the United States. 

(b) As used in this Act, the term "improved property" shall mean 
a private noncommercial dwelling, including the land on which it is 
situated, whose construction was begim before September 1. 1959, or, 
in the case of areas added by action of the 95th Congress. May 1. 1978, 
and structures accessory thereto (hereinafter in this subsection re- 
ferred to as "dwelling") , together with such amount and locus of the 
property adjoining and in the same ownership as such dwelling as the 
Secretary designates to be reasonably necessary for the enjoyment of 
such dwelling for the sole purpose of noncommercial residential use 
and occupancy. In making such designation the Secretary shall take 
into account the manner of noncommercial residential use and occu- 
pancy in which the dwelling and such adjoining property has usually 
been enjoyed by its owner or occupant. 

The term '■'■agricultural property'''' as used in this Act mcafns Icmds 
which were in regular use for. or irere being converted to agric^dturdl^ 
ranching, or dairying purposes as of May 1. 1978. together with resi- 
dential and, other structures related, to the ahove uses of the property. 

{c) In acquiring those lands authorised by the 95th Congress for 
the purposes of this Art. the Secretary mm/, lohen agreed upon by the 
landcnimer involved, defer payment or schedule pa7/ments over a period 
of ten years and pay interest on the unpaid balance at a rate not ex- 
ceeding that paid by the Treasury of the United States for borrow- 
ing purposes. 

Sec. fi. fa) Except as otherwise provided in this Act. the property 
acquired by the Secretarv under this Act shall be administered by the 
Socretarv. subiect to the provisions of the Act entitled "An Act to 
establish a National Park Ser^-ico. anrl for other purposes", approved 
August 25, 101 P) (30 Stat. 5.'^5). ns amended and supplemented, and in 
accordance with other laws of jreneral application relatinji to the 
national park svstem as defined bv the Art of August 8. 105.'^ CR7 
Stat. 406). except that authority otherwise aA'ailable to the Secretary 
for the consen-ation and management of natural resources mav be 



415 



142 

utilized to the extent he finds such authority will further the purposes 
of this Act. 

(b) The Secretary may permit hunting and fishing on lands and 
waters under his jurisdiction within the seashore in such areas and 
under such regulations as he may prescribe during open seasons pre- 
scribed by applicable local. State, and Federal law. The Secretary 
shall consult with officials of the State of California and any political 
subdivision thereof who have jurisdiction of hunting and fishing prior 
to the issuance of any such regulations, and the Secretary* is authorized 
to enter into cooperative agreements with such officials regarding such 
hunting and fishing as he may deem desirable. 

Sec. 7. The Secretary shall designate the principal environmental 
education center within the seashore as "The Clem Miller Environ- 
mental Education Center", in commemoration of the vision and leader- 
ship which the later Representative Clem Miller gave to the creation 
and protection of Point Reye^ National Seashore. 

Sec. 8. The Secretary shcM cooperate with the Bolinas Public Utili- 
ties District to protect and enhance the watershed values within the 
seashore. The Secretary tnay. at his or her discretion^ permit the use 
and occupancy of lands within the seashore by the utilities distri<;t for 
water supply purposes., subject to such terms and conditions as the 
Secretary deems are consistent with the purposes of this Act. 

Sec. £8J 9. There are authorized to be appropriated such sums as 
may be necessarv to carry out the provisions of this Act, except that 
no more than $57,500,000 shall be appropriated for the acquisition of 
land and waters and improvements thereon, and interests therein, and 
incidental costs relating thereto, in accordance with the provisions of 
this Act: Provided^ That no freehold, leasehold, or lesser interest in 
any lands hereafter acquired within the boundaries of the Point Reyes 
National Seashore shall be conveyed for residential or commercial 
purposes except for public accommodations, facilities, and services 
provided pursuant to the Act of October 9, 1965 (Public Law 89-249; 
79 Stat. 969). 

CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK 

(16 U.S.C. 431) (84 Stat. 1978) 



Sec. 8. (a) Any funds that mav be available for purpK>ses of admin- 
istration of the Chesapeake and Ohio Canal property may hereafter 
be used by the Secretary for the purposes of the park. 

(b) There are authorized to be appropriated such sums as may be 
necessarv to carrv out the provisions of this Act. not to exceed 
[$20.40d,000J $28J^O0.000 for land acquisition and not to exceed 
[$17,000,000 (1970 prices)] $22,000,000 {October 1978 prices) ioT 
development, plus or minus such amounts, if anv, as may be justified 
by reason of ordinary fluctuations in construction costs as indicated 
by engineering cost indices applicable to the types of constniction 
involved herein. 



416 
143 



VTROIN' ISLANDS NATIONAL PARK 

(76 Stat. 746) 

AN ACT To revise the boundaries of the Virgin Islands National Park. Saint 
John, Virgin Islands, and for other purposes. 

Be it enacted hy the Senate, and House of Representatives of the 
United States of America in Congress assenfnhled^ That, in furtherance 
of the purposes of the Act of August 2, 1956 (70 Stat. 940) , as amended, 
providing for the establishment of the Virgin Islands National Park, 
and in order to preserve for the benefit of the public significant coral 
gardens, marine life, and seascapes in the vicinity thereof, the bound- 
aries of such park, subject to valid existing rights, are hereby revised 
\o include the adjoining lands, submerged lands, and waters, amd 
Hassel Island located in Saint Thomas Harhor cmd adjoining lands, 
svhmerged lands and xoaters described as follows : 

• •••••• 

Thence running generally eastward along the present southerly park 
boundary as it follows the southerly shore of the island of Saint John 
as depicted on the said drawing numbered NP-VI-7000 to point L, the 
point of beginning. 

The area described contains approximately 1,550 acres. 

Hassel Island 

The area known as Hassel Islwnd in Saint Thomas Harbor consist- 
ing of approximately one hundred and thirty-fwe acres, together with 
su^h adjoining Icmds, submerged lands, and waters as the Secretary of 
the Interior deems appropriate, but the boundaries shall not, in an/y 
event, exetend beyond one hundred yards from the rrveam high water 
mark of the island. 

Lands, submerged lands, and waters added to the Virgin Islands 
National Park pursuant to this Act shall be subject to administra- 
tion by the Secretary of the Interior in accordance with the provi- 
sions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4), as 
amended and supplemented. 

Sec. 2. {a) Within the boundaries of Virgin Islands National Park 
as established and adjusted pursuant to the Act of August 2, 1956 (70 
Stat. 940) , and as revised by this Act, the Secretary of the Interior 
is authorized to acquire lands, waters, and interests therein by pur- 
chase, exchange or donation or with donated funds. In acquiring such 
lands, up to 6.6 acres, the Secretary may, lohen a^greed upon by the 
landowner irmolved, defer payment or schedule payments over a period 
of tern, years and pay interest on the unpaid balance at a rate not exceed- 
ing the current prevailing commercial rate. 

{b) The Secretary is authorized and directed to the maximum extent 
feasible to employ and train residents of the Virgin Islands to develop, 
maintain, and administer the Virgin Islands National Park. 



417 



144 



(c) Subject to continued protection and use of UaJtitel InJoTid for 
park and recreation fnirpoaes and such other conditions as the Secre- 
tary nury deem appropriate, the Territai-y of the Virgin Islands may, 
reithin but not after five years after the date of the enax-tment of this 
subsecti-07u by duly enafted legislation acquire all interests of the 
TJrdted States in Hassel Island by reim,bursing the United States in 
an am/ywni equal to the am/mnt a/ituaJly expended by the Um.te/1 States 
for the aequ/Jiiti.on of lands a/nd intei-ests in. lands ami for the costs of 
construction of permanent improvements, if any. 

[d) {!) Except for property deemed necessary by the SecT^tary of 
the Interior for visitor facilities or admmistration of the park, amy 
owner or openers of improved property on Ha.<isel Islamd on the date of 
its acquisition, may retain for themselves a Tuyntr^nsferrable right of 
use and occxiparwy of the property for noncomanercial residential pur- 
poses, for Pwenty-five years, or, in lieu thereof, for a term ending at the 
death of the owner or the owner^s spouse, whichever is later. The owner 
shall elect the term to be reserved. The. Secretary shall pay to the owner 
the fair market value, of the property on the date of such acquisitieni, 
less the fair market value on such date of the right retained by the 
owner. The authority of the Secretary/ to acquire the property oom- 
monly known as the Royal Mail {hotel) by condemnation shall be sus- 
pended for ten years from the date of enactment and the. Secretary 
shall acquire such property only imth the consent of the owner or 
owners thereof, if such oumer or o^imers agree, in u-riting, within ninety 
days after the enactment of this subsection to grant to the United 
States the right of first refusal to purchase such property at a pur- 
chase price not exceeding the fixed value of said property on Juby 1, 
1978. 

{2) As used in subsection (d) (1), "improved residential property^ 
means a single-family ddpelling. the construction of which began Janu- 
ary 1, 1977, together with such lands as are in the same ownership and 
appurteruint buildings located theron. 

(S) The Secretary may terminate a right of u^e and occupancy 
retained pursuant to subsection (d) (1) upon his determination thai 
such use and occupancy is being, or may be, exercised in a manner in- 
consistent with the purposes for which they were included within tfie 
park and upon tender to the holder of such right of the arrvovmt equal 
to the value, of that portion of the. right which remains unexpired on 
the date of termination. 

Sec. 3. (a) Nothing in this Act shall be construed as authorizing any 
limitation on customary uses of or access to the areas specified in sec- 
tion 1 for bathing and fishing (including setting out of fishpots and 
landing boats), subject to such regulations as the Secretary of the 
Interior may find reasonable and necessary for protection of natural 
conditions and prevention of damage to marine life and formations. 

(b) (1) Notwithstanding any prai'i.v'on of lair to the contrary, no 
fee or charge shall be imposed on any permanent resident of the Vir- 
gin Islands for entrance or admission into the Virgin Islands National 
Park. 

(2) .Vottrithstanding any prori-sion of lair to the contrari/, no fee 
or charge shall be imposed on any United States military personnel or 
dependents of such personnel for entrance or admission into the Vir- 
gin Islands National Park. 



418 



145 

[Sec. 4. There are hereby authorized to be appropriated such sums, 
but not more than $1^50,000, as are necessary to acquire lands pur- 
suant to section 2 of this Act.] 

Sfc. 4- E-ffective October i, 1978, there are aviJurrised to he appro- 
priated such Slums as may he ryecessary for the acquisition of lands amd 
interests in lands within the Virgin Islands National Park. For pur- 
poses of this section, acquisitions of land on Hassel Islund shall he 
deemed to he acquisitions qualifying for payment under the provisions 
of paragraph [2) of^ the Act of June 10, 1977 {Puhlic Law 95-1^; 91 
Stat. 210). In addition to sux)h sums as m/iy have heretofore heen ap- 
propriated for development of puhlic facilities within the Virgin Is- 
lands National Park, effective Octoher 1, 1978, there are authorized to 
he appropriated not more than $1,000 J)00 for restoration and rehabil- 
itation of historic structures and for development of puhlic facilities 
on Hassel Island: Provided, That Tiot more than $500,000 of such 
amou/nt may he paid to the Territory of the Virgin Islands for its use 
in furthering projects undertaken pursuant to the Land and Water 
Conservation Fund Act, the Historic Preservation Act, or other com- 
parable programs upon the transfer of title to the United States of all 
properties held by the Territory on Hassel Islamd. 

(70 Stat. 940) 

AN ACT To authorize the establishment of the Virgin Islands National Park, 

and for other purposes. 



Sec. 2. * * * 

(c) The Secretary, on behalf of the United States, is authorized to 
accept donations of real and personal property within the areas se- 
lected for the park until such time as the aforesaid total of nine thous- 
and five hundred acres shall have been acquired for the park by the 
United States, and he may also accept donations of funds for the pur- 
poses of this Act ; Notwithstanding the acreage limitations and boun- 
dary designations contained in this section, the Secretary may, for ad/- 
ndnistration as part of the park, also acquire, with the consent of the 
owner or by donation, reed and personal property which is not within 
the defmed boundaries of the park. 

ALIBATES FLINT QTTARRrES AND TEXAS PANHANDLE PXTEBLO CTTLTDRE 

NATIONAL MONUMENT 

(79 Stat. 587) 

That the Secretary